Tuesday, September 3, 2019

The Moral Arc Bends


Today I won my appeal regarding the scope of Washington’s whistleblower immunity statute. 

The Legislature passed the “Brenda Hill Bill” in 1989 to protect private citizens who report misconduct to the appropriate government agency. Two years ago, the trial judge in my case erroneously concluded that this law also grants absolute immunity from civil liability for any injuries caused by government vendors during the course of their contractual engagements. The lower court also ordered me to compensate defendants as supposed "whistleblowers" under the statute, which obviously would have bankrupted me.

In an emphatic published opinion, the Washington Court of Appeals today reversed the lower court’s ruling. The Court also vacated the cruel judgment ordering me to pay for all of the other side’s legal expenses.

Tonight the kids and I are going out for milkshakes to celebrate.

Despite the long delay, I am excited about finally having my day in court, and I’m more hopeful than ever about my ultimate vindication. However, I am even _more_ excited and hopeful about the fact that some other lawyer will be representing me on remand, instead of myself.

If anyone asks, I’m a great client. And a pretty good appellate lawyer.




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