Law Practice,
Appellate Practice
Jul. 14, 2025
Panel reverses fees in whistleblower retaliation case
A California appellate court ruled plaintiffs' attorneys cannot collect fees in whistleblower retaliation cases if juries award no damages, despite finding retaliation, due to the employer's same-decision defense.
A plaintiff's attorney cannot collect $450,000 in fees and costs when a jury awarded zero, state appellate justices ruled.
The published opinion by a 2nd District Court of Appeal panel clarifies a 2021 statute allowing fee awards in whistleblower retaliation cases. The attorney whose award was erased called the outcome "an earthquake" that will deter whistleblowing.
"There are broad and significant public policy concerns here that will have to be resolv...
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