9th Circ. Judge Doubts Bio-Rad Appeal Of Ex-GC's $11M Win

By Dorothy Atkins (November 14, 2018, 9:52 PM EST) -- A Ninth Circuit judge appeared skeptical Wednesday of Bio-Rad Laboratories Inc.'s arguments in favor of overturning an $11 million whistleblower judgment against the company, repeatedly questioning its counsel during a hearing on how an erroneous jury instruction would change the outcome of the verdict.

Bio-Rad's counsel, Kathleen M. Sullivan of Quinn Emanuel Urquhart & Sullivan LLP, argued that the lower court erred by instructing the jury that the Sarbanes-Oxley Act protected Bio-Rad's former general counsel, Sanford Wadler, from retaliation. Therefore, the verdict must be overturned, she said.

But U.S. Circuit Judge Susan G. Graber pushed Sullivan on her arguments, repeatedly asking her...

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