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UNITED STATES v. MIRACA LIFE SCIENCES

No. 20-5007.

983 F.3d 885 (2020)

UNITED STATES of America, EX REL. Paul DORSA, Plaintiff-Appellee, v. MIRACA LIFE SCIENCES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 30, 2020.

Attorney(s) appearing for the Case

ARGUED: David Barmak , MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO, P.C., Washington, D.C., for Appellant. Nathan C. Sanders , NEAL & HARWELL, PLC, Nashville, Tennessee, for Appellee. ON BRIEF: David Barmak , Jennifer R. Budoff , MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO, P.C., Washington, D.C., for Appellant. Nathan C. Sanders , James F. Sanders , William T. Ramsey , NEAL & HARWELL, PLC, Nashville, Tennessee, for Appellee.

ROGERS, J., delivered the opinion of the court in which MOORE, J., joined. BATCHELDER, J. (pp. 889-90), delivered a separate dissenting opinion.

OPINION

Paul Dorsa filed suit under the False Claims Act against Miraca Life Sciences, Inc., alleging unlawful retaliation. Miraca sought to dismiss the retaliation claim because Dorsa—a former Miraca executive— had agreed to binding arbitration as a provision of his employment agreement with the company...

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