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Federal Circuit Holds that Whistleblower Protection Act Plaintiff Need Not Prove Actual Violation of Law

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In Kahn v. Dep’t of Justice, the Federal Circuit, relying on the Drake decision, held that a WPA plaintiff need not demonstrate that he blew the whistle on an actual violation of law:

We reiterate, however, that “[t]he test is not whether [the petitioner] was able to prove [a violation], but rather could a disinterested observer with knowledge of the essential facts known to and readily ascertainable by [the petitioner] reasonably conclude . . . that a violation did occur.” Drake, 543 F.3d at 1382 (alterations added).

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