Ex-Pharma Co. Workers Must Arbitrate Whistleblower Claims

Law360 (June 7, 2021, 5:06 PM EDT) -- The New Jersey state appeals court affirmed Monday that two former employees of a Gilead Sciences Inc. unit must resolve their whistleblower claims out of court, reasoning that the language in the company's arbitration agreement wasn't ambiguous.

A two-judge Appellate Division panel said the "clear and unmistakable" intent of the Immunomedics Inc. arbitration agreement is to allow either the company or employees to submit unresolved disputes to the American Arbitration Association, handing a defeat to former account managers Darryl Seelhorst and James Tawn Vigie. Gilead acquired Immunomedics last year.

Seelhorst and Vigie argued that the arbitration agreement permits, but doesn't require,...

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