On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by the U.S. military. Casias v. Raytheon Co., Nos. 21-1195 and 21-1205 (10th Cir. 2022).
Background
Plaintiff alleged that his supervisor instructed him to change certain data on a GPS project designed for the U.S. Air Force, which made the project appear more successful. Plaintiff allegedly complied and then immediately notified leadership of his superior’s instruction. A few months later, Plaintiff was reassigned from his testing role, where he managed dozens of employees, to a minor role managing only two employees. Plaintiff eventually accepted a position at a different defense contractor where his salary, benefits and rank were lower.
Plaintiff filed suit in the U.S. District Court for the District of Colorado alleging various claims, including a claim under the Defense Contractor Whistleblower Protection Act (“DCWPA”). The jury found for Plaintiff, and awarded him $43,000 in backpay and $1,000,000 in noneconomic damages. The district court struck the backpay award but confirmed the noneconomic damages award. The company filed a motion for judgment notwithstanding the verdict and remittitur after trial, arguing: (1) Plaintiff did not show an adverse employment action or causation; (2) the noneconomic damages were excessive; and (3) the weight of...
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