In Brief:

• 8th Circuit affirmed dismissal of whistleblower claims against Abbott subsidiary.
• Court found worker was not an “employee” under Minnesota Whistleblower Act.
• Limited training visits did not qualify as services performed in Minnesota.
• Choice-of-law clause barred the plaintiff’s Hawaii whistleblower claim.

The 8th U.S. Circuit Court of Appeals has affirmed the Minnesota District Court’s dismissal of a Hawaii man’s whistleblower claims against a subsidiary of Abbott Laboratories, concluding that he did not qualify as an employee under the Minnesota Whistleblower Act.

Krishnan Ghosh, who lives in Hawaii, signed an employment agreement with CSI in February 2023 to be its Hawaii district sales manager. CSI is a medical device company based in St. Paul that develops treatments for complex artery diseases.

He had to complete required training and certification, which he finished in late May of that year after two trips to Minnesota totaling 12 days. During training, he visited hospitals in Minnesota and joined remote meetings from Hawaii.

In April 2023, CSI became a wholly owned subsidiary of ALI, which is itself a wholly owned subsidiary of Abbott Laboratories. Soon after he finished training, CSI fired Ghosh. He claims it was because he reported illegal conduct, specifically violations of the Anti-Kickback Statute. However, CSI later said it was due to inappropriate behavior and helping a competitor.

Ghosh sued ALI in Minnesota state court under the Minnesota...

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