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October 2020

Denver Team Obtains Complete Defense Verdict in Federal Jury Trial

On September 30, 2020, a seven-person jury in the United States District Court for the District of Colorado returned a unanimous verdict for Loyal Source Government Services, finding the plaintiff failed to prove her claim under the Defense Contractor Whistleblower Protection Act, 10 U.S.C. § 2409. Loyal Source was represented by Denver Partners Anna Reinert, John Palmeri, and Senior Counsel Andrew Lavin.

The plaintiff alleged Loyal Source terminated her employment as a utilization management nurse in retaliation for whistleblowing about a widely discussed process change. At trial, Loyal Source presented evidence that plaintiff did not blow the whistle and that it acted in accordance with the non-discretionary directive it received from the United States Air Force to remove her from employment.

After a three-day trial under the Court’s COVID-19 Pilot Program, in which two former Loyal Source employees testified remotely, the jury determined the plaintiff failed to prove the elements of her claim.

“We appreciate the hard work by the judge and the court staff to implement protocols to safely try a case during the COVID-19 pandemic, allowing us to present our case in court. We are pleased the jury, after hearing all the evidence, returned a verdict in favor of our client,” said Anna Reinert, counsel for Loyal Source.

Amanda Aubin, Director of Human Resources, added, “We are glad we had the opportunity to present our case in court and are happy the jury agreed with our position.”

Andrew K. Lavin
John M. Palmeri
Anna M. Reinert