False Claims Act - whistleblower protection - but-for causation required

DiFiore v. CSL Behring, LLC – 3d Cir. – Jan. 3, 2018

http://www2.ca3.uscourts.gov/opinarch/164297p.pdf

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state law.

Held: An employee’s protected activity must be the “but-for” cause of adverse actions to support a claim of retaliation under the FCA.

child abuse - using drugs during pregnancy

In the Interest of L.B. – Pa. Super. – 12-27-17

http://www.pacourts.us/assets/opinions/Superior/out/Opinion%20%20VacatedRemanded%20%2010336976031162337.pdf?cb=1

Held: A pregnant woman may commit child abuse under the Child Protective Services Law, 23 Pa.C.S. §§ 6301 et seq., based on use of illegal drugs while pregnant,  if CYS establishes that, by using the illegal drugs, the mother intentionally, knowingly, or recklessly caused, or created a reasonable likelihood of bodily injury to a child after birth.