On March 24, 2025, attorney Barbara (“Brandi”) Cowan of Workplace Advocates appeared before the United States Court of Appeals for the Ninth Circuit to argue Arce v. Honeywell, Inc., Case No. 24-1220. The case presents significant questions regarding the scope of whistleblower protections under the False Claims Act (FCA), and its outcome could have broad implications for employees who face retaliation after reporting fraud against the government.
Brandi Cowan represented the plaintiff, Linda Arce, a former employee who alleged she was terminated in retaliation for raising concerns about misconduct implicating federal contracts. The appeal focuses on key standards governing protected activity under 31 U.S.C. § 3730(h), including how courts evaluate whether an employee’s disclosures are sufficiently connected to potential FCA violations to warrant protection.
During oral argument, Cowan addressed a panel consisting of Judges Marsha S. Berzon, Mark J. Bennett, and visiting Judge John R. Tunheim. The judges engaged in substantive questioning regarding the evidence required to survive summary judgment in FCA retaliation cases, and how the law applies to disclosures made by employees who are not directly involved in billing or contract compliance.
📺 Watch the Oral Argument
The full oral argument is available to view on the Ninth Circuit’s website:
🔗 Watch here
📄 Docket Entry
As reflected in the official docket: “ARGUED AND SUBMITTED to Marsha S. BERZON, Mark J. BENNETT, John R. Tunheim. Audio and video recordings of the argument are available on the court’s website at www.ca9.uscourts.gov/media.”
At Workplace Advocates, we are proud to fight for whistleblowers and workers who stand up for what’s right—even in the face of retaliation. This case underscores the importance of protecting those who speak out against fraud and misconduct involving public funds.
We will provide updates as the decision becomes available.