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.

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