Hoefer v. Fluor Daniel, Inc.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

TAYLOR, District Judge.

On three issues not yet decided by the Ninth Circuit, the Court holds California’s False Claims Act does not protect federal whistleblowers, the intracorporate conspiracy doctrine applies to a 42 U.S.C. § 1985 conspiracy claim, and a state wrongful employment retaliation claim is preempted by the Federal False Claims Act.

I. BACKGROUND, Plaintiff Hoefer was hired by Defendant Fluor Daniel in 1988, and later served as Fluor’s Director of Government Finance Compliance. In 1998 Hoefer was suspended and in 1999 he was terminated.…