Roop v. Southern Pharmaceuticals Corp.

Henry Roop sued Southern Pharmaceuticals Corporation (“SPC”) and its principal owners, individually, claiming he has been terminated for reporting illegal activity, namely a kickback scheme to be carried out through a straw employee. SPC countered that it fired Roop for, among other things, not meeting his contract goals for the year. A jury found SPC wrongfully terminated Roop for reporting illegal activity, and the jury awarded Roop compensatory damages. The circuit court entered a judgment notwithstanding the verdict in SPC’s favor. The circuit court reasoned that the jury would have had to speculate whether the arrangement would have been illegal, as the employment, and thus the kickback, never took place. Roop appealed, arguing that the judge had erred in overturning the jury’s verdict and in not thereafter proceeding with a hearing on punitive damages. The Supreme Court concluded after review that the trial court erred in overturning the jury's verdict, reversed, and remanded the case for further proceedings on Roop's other claims for punitive damages and attorney's fees. View "Roop v. Southern Pharmaceuticals Corp." on Justia Law