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Horvitz & Levy persuaded the Court of Appeal to affirm judgment notwithstanding the verdict (JNOV) and nonsuit in favor of a nursing facility, eliminating a $1.2 million jury verdict.
Plaintiff Malissa White, a nurse, alleged constructive termination in violation of public policy, whistleblower retaliation, and intentional infliction of emotional distress based on her purported belief that supervisors engaged in Medicare fraud. White claimed she was pressured to sign fraudulent documentation and, after reporting these concerns to regulatory agencies, experienced worsening working conditions that led to her resignation. The trial court granted nonsuit on the retaliation and emotional distress claims and later granted JNOV on the remaining constructive termination in violation of public policy claim, setting aside a $1.2 million jury verdict. White appealed, and the nursing facility retained Horvitz & Levy to defend the judgment.
The Court of Appeal agreed with Horvitz & Levy’s arguments on appeal and affirmed. The court held that White failed to identify any specific statute, regulation, or constitutional provision to support her constructive discharge in violation of public policy claim. Her generalized allegations of “Medicare fraud” were insufficient. The court also found the alleged conduct did not rise to the level of “outrageousness” necessary to support an IIED claim.
