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Lab CEO Can't Be Named In FCA Retaliation Suit, Court Says

Law360, New York (December 7, 2017, 3:35 PM EST) -- An executive from a Virginia medical laboratory can’t sue his boss for retaliation that allegedly occurred after he aided the government in a $3.2 million False Claims Act suit, as whistleblowers can't sue individuals for retaliation, a New York federal judge said on Wednesday.

Letting Bostwick Laboratories Inc. Chief Operating and Compliance Officer Gerard Diffley sue CEO and founder David Bostwick, instead of just the company in general, would run contrary to “dozens of cases” that found individuals don’t have liability under the anti-retaliation statute, the...
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Case Information

Case Title

Diffley v. Bostwick Laboratories, Inc. et al

Case Number



New York Southern

Nature of Suit

Other Statutes: False Claims Act


Andrew L. Carter, Jr

Date Filed

February 24, 2017

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