United States First Circuit

In a case under the False Claims Act (FCA)'s anti-retaliation provision, summary judgment in favor of the defendant is reversed, where: 1) the FCA's anti-retaliation provision is amenable to the use of the McDonnell Douglas burden-shifting framework; 2) the plaintiff demonstrated a prima facie case of retaliation; 3) there was a trialworthy issue about whether the defendant's proffered reason for firing the plaintiff was a sham; and 4) a release of claims did not bar the action because the plaintiff was not terminated until after the release was signed.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert S. Sinsheimer, Donald W. Schroeder