FREY v. HEALTH MGT. SYS., INC.

Index No. 158415/18. Appeal No. 14221. Case No. 2020-03681.

197 A.D.3d 1034 (2021)

151 N.Y.S.3d 879

2021 NY Slip Op 05079

Christopher Frey, Appellant, v. Health Management Systems, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 28, 2021.


Attorney(s) appearing for the Case

Harris Law Firm PC, Austin, TX ( T. Alan Harris of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant.

Gibson, Dunn & Crutcher LLP, New York ( Lee R. Crain of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.


After his employment with defendant was terminated in 2013, plaintiff, represented by counsel, availed himself of the procedures set forth in section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub L 111-5, 123 US Stat 115) for bringing a whistleblower retaliation claim before the federal Department of Health and Human Services (HHS). After conducting an extensive investigation, HHS denied plaintiff's claim on the ground that the evidence did not support his...

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