Whistleblower Retaliation

The Sixth Circuit reinstated a doctor’s claim he was fired for reporting that his employer was paying kickbacks to physicians for referring Medicare and Medicaid patients. The False Claims Act’s retaliation clause can be applied to an employer’s actions after it fires an employee. To read the law otherwise would encourage employers to harass and threaten whistleblowers so long as they fire them first.

Read more

Mass Gatherings

The Sixth Circuit dismissed an appeal by a group of demonstrators challenging Kentucky Governor Andy Beshear’s Covid-19-related mass gathering restriction. The appeal is moot as Beshear has already withdrawn the order, but the court remanded the case for a determination as to whether further relief is appropriate on the plaintiffs’ claim that the threat of prosecution for their past violations of the order keeps the “broader case alive.”

Read more

Thwarted Gun Sale

The Sixth Circuit affirmed the dismissal of claims against the FBI brought by a man who says he was unable to buy a gun after an agent told the gun dealer the government had a problem with the company he keeps and showed the dealer photos of the would-be buyer with another person of Middle Eastern descent. The seller ultimately decided he was “no longer comfortable” selling the gun.

Read more

Protesters Take on Kentucky Mass-Gathering Ban at Sixth Circuit

An attorney for Kentucky Governor Andy Beshear argued Tuesday before the Sixth Circuit that a now-rescinded ban on protest gatherings of more than 10 people – part of the state’s effort to slow the spread of Covid-19 – was sufficiently tailored to meet constitutional requirements.

Read more