FDA Wants Employee Email Spying Suit Dismissed

Law360, New York (October 2, 2012, 1:30 PM EDT) -- The U.S. Food and Drug Administration on Monday asked a Washington federal judge to dismiss a lawsuit brought by FDA scientists who claim their private emails were monitored after they reported approvals of allegedly unsafe medical devices, saying the plaintiffs had failed to exhaust their administrative options.

According to the agency's motion to dismiss, the six current and former FDA scientists’ whistleblower retaliation claims in their “unwieldy, hydra-headed” complaint are foreclosed by the Civil Service Reform Act, because their administrative claims before the the U.S. Office...
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