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3d Circuit Clarifies Standard in FCA Retaliation Cases

On February 26, 2018 by Schnader in Labor and Employment

By Jo Bennett In a precedential decision, the Third Circuit Court of Appeals held that the “but-for” standard applies in retaliation cases filed under the False Claims Act (FCA). The False Claims Act prohibits retaliation against employee whistleblowers who engage in protected activity.  Under the FCA, the Third Circuit noted, […]

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Third Circuit Applies Employee-Friendly Burden Shifting Test to FRSA Whistleblower Retaliation Claim

On February 22, 2013 by Schnader in Labor and Employment

By Scott J. Wenner and Rebecca Lacher In the first appellate decision to address the Federal Rail Safety Act (FRSA) burden-shifting standard, since the law was amended in 2007, the Court of Appeals for the Third Circuit applied the employee-plaintiff friendly two-part test first established to adjudicate whistleblowing claims in […]

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