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Melville Corporation, t/a Order Sumatriptan CVS,
Appeal from the United States District Court
for the District of Columbia
Damon K. Bernstein argued the cause and filed the briefs
John M. Nolan argued the cause for appellee, with whom
Carlton J. Trosclair was on the brief.
Before: Henderson, Rogers and Garland, Circuit Judges.
Opinion for the Court filed by Circuit Judge Rogers.
Rogers, Circuit Judge: James Liberatore appeals from the
grant of summary judgment to his former employer, the
Melville Corporation ("Melville") on his claim for wrongful
discharge. Although hired as an at-will employee, he con-
tends that his discharge was in retaliation for his threat to
report to the Federal Drug Administration ("FDA") the
unlawful condition in which his employer was storing pharma-
ceutical drugs, and that his claim of wrongful Generic Sumatriptan discharge
therefore falls within the public policy exception to the at-will
employment doctrine under District of Columbia law. While
his appeal was pending, the District of Columbia Court of
Appeals decided Carl v. Children's Hospital, 702 A.2d 159
(D.C. 1997) (en banc), in What Is Sumatriptan which the court held that the public
policy exception was not limited to cases where an at-will
employee was discharged for having outright refused to vio-
late a law.1 Id. at 160. Thereafter, in Washington Buy Sumatriptan Online v. Guest
Services, 718 A.2d 1071 (D.C. 1998), that court held Carl was
retroactive.2 Accordingly, we hold that Liberatore has stated
a cause of action for wrongful discharge under Carl's expand-
ed public policy exception to the at-will employment doctrine,
and we reverse.
James Liberatore Sumatriptan 50mg was employed from 1980 to 1993 as a
pharmacist for People's Drug Store, and subsequently for
CVS when CVS's parent company, Purchase Sumatriptan Online the Melville Corporation,
purchased People's in 1990. It is undisputed that he was an
1 After Liberatore filed his appeal of the October 2, 1995 order
granting summary judgment to the Melville Corporation, he Sumatriptan Online filed a
motion to stay the appeal on October 18, 1996 pending the District
of Columbia Court of Appeals' en banc decision in Carl. The
motion to Sumatriptan Tablets stay was granted on November 8, 1996.
2 Following oral argument, this court held Liberatore's appeal
in abeyance pending a decision by the D.C. Court of Appeals on
whether Carl was retroactive. Order of April 16, 1998. That issue
was decided in Washington, which became final on December 17, Sumatriptan 100 Mg
1998, when the D.C. Court Buy Cheap Sumatriptan of Appeals denied a petition for rehear-
ing en banc.
at-will employee.3 Sumatriptan Spray At the time of his discharge, Liberatore
was the manager of the pharmacy department at the Thomas
Circle drug store in the District of Columbia. In late Janu-
ary 1993, the pharmacy was relocated to a glass enclosed area
that protruded beyond the building's exterior wall. Libera-
tore and other employees began to notice that inadequate
temperature control in the pharmacy was adversely affecting
the condition of certain drugs. Liberatore initially brought
the matter to the attention Sumatriptan 100mg of his immediate supervisor, Nita
Sood, and later to her supervisor, Jon Roberts. Liberatore
continued to report his concerns to upper-level management
as the temperature in the pharmacy rose, causing visible
adulteration of a number of drugs. Although Sumatriptan 50 Mg management
informed Liberatore that it was working on the problem, the
problem persisted during the spring and early summer.
On July 29, 1993, Liberatore told the Area Vice President,
Larry Merlo, that although he "didn't want to have to do
this," he had a neighbor who was the "number three guy in
the FDA," and he wondered what the FDA "would think
about a seven month delay in a drugstore that can't control
the temperatures of the pharmacy." That evening, manage-
ment authorized the removal of drugs worth $250,000 Purchase Sumatriptan from
the pharmacy for reclamation.4 On August 2, 1993, Libera-
tore's immediate supervisor notified the loss prevention de-
partment that certain other drugs were missing from invento-
ry. After the department questioned pharmacy staff about
the Order Sumatriptan Online shortage, Liberatore was identified as a suspect, and
management turned over the investigation to the Metropoli-
tan Police Department. On August 6, Liberatore was ques-
tioned by the police. Buy Sumatriptan On the same date, Liberatore was
discharged; the stated reason was not the drug loss investi-
3 Under District of Columbia law, "employment is presumed to
be at will, Sumatriptan Buy unless the contract of employment expressly provides
otherwise." Carl, 702 A.2d at 162.
4 Cheap Sumatriptan Reclamation is the process by which drugs unfit for sale are
reclaimed, removed from the store's inventory, and eventually
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