May 12, 2014 4th Circuit published opinion

Feldman v Law Enforcement Associates Corporation

Feldman sued Corporation alleging retaliation for whistle blowing under 18 USC 1514A. The district court granted summary judgment to Corporation. The panel affirmed. It first held that the district court had jurisdiction over the whistleblower claim even though it was included in the original complaint which was field before the administrative remedies were exhausted because the amended complaint can be treated as a supplemental pleading under Rule of Civil Procedure 15 (d) which cures any jurisdictional defect. The panel affirmed judgment because Feldman failed to show his alleged whistle blowing was connected to his termination as it took place nearly 2 years prior to his termination and the board had a legitimate intervening cause based on Feldman’s admitted misconduct in trying to get the majority of the board to resign instead of trying to resolve a dispute in accordance with the board’s directions.

This entry was posted in Uncategorized and tagged , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s