Legal Opinion

Eric Borcik v. Crosby Tugs, L.L.C.

Court of Appeals for the Fifth Circuit

Decided July 19, 2016No. 15-30435UnpublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM: *

Eric Boreik brought this whistleblower suit against Crosby Tugs, alleging that Crosby had fired him in retaliation for reporting environmental violations. Under Louisiana law, Boreik can only recover if he reported the violation in “good faith.” La. Stat. Ann. § 30:2027. The case was tried to a jury, which was instructed that Borcik lacked good faith if he “report[ed] [the violation] either to seek an unfair advantage or to try to harm his employer or another employee.” The jury found via special interrogatory that Borcik did not report the violation in good faith, resulting in a…

2Cases cited5 opinions

  1. Smith v. Our Lady of the Lake Hospital, Inc.Supreme Court of Louisiana · 1994
  2. Wichita County, Texas v. HartTexas Supreme Court · 1996
  3. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
  4. J.P. Rouly v. Enserch CorporationCourt of Appeals for the Fifth Circuit · 1988
  5. Ralph Janvey v. Golf Channel, IncorporatedCourt of Appeals for the Fifth Circuit · 2015

3Cited by2 opinions

  1. Eric Borcik v. Crosby Tugs, L.L.C.Supreme Court of Louisiana · 2017
  2. Eric Borcik v. Crosby Tugs, L.L.C.Court of Appeals for the Fifth Circuit · 2017

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