A federal workplace retaliation suit can proceed against Otsuka America Pharmaceutical Inc. in Pennsylvania now that the New Jersey Supreme Court has held the state whistleblower law applicable to employees whose essential function is to report compliance violations.
Kerrigan v. Otsuka America Pharmaceutical, which was filed in the U.S. District Court for the Eastern District of Pennsylvania but asserts claims under the New Jersey Conscientious Employee Protection Act, was remanded by the U.S. Court of Appeals for the Third Circuit last year after a New Jersey Appellate Division panel ruled in Lippman v. Ethicon that CEPA protects so-called “watchdog employees.”
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