McNerney v. Lockheed Martin Operations Support, Inc. et al

Filing 88

ORDER granting 67 Defendant Parsons' motion for summary judgment. Signed on 6/12/12 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
BARBARA McNERNEY,
Plaintiff,
v.
LOCKHEED MARTIN OPERATIONS
SUPPORT, INC., and
PARSONS CORPORATION,
Defendants.

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No. 10-0704-CV-W-DGK

ORDER GRANTING SUMMARY JUDGMENT
This case arises out of Plaintiff Barbara McNerney’s employment relationship with
Defendants Lockheed Martin Operations Support, Inc. and Parsons Corporation, private
contractors with the Federal Aviation Administration (“FAA”).

Plaintiff alleges she was

terminated by Defendants in retaliation for complaining to her supervisors about billing practices
which violated the federal False Claims Act. Count Two, the sole remaining count in this case,
alleges she was fired in violation of the “whistleblower” public policy exception to Missouri’s atwill employment rule.
Now before the Court is Parsons’ Motion for Summary Judgment (Doc. 67). Among
other arguments, Parsons contends that McNerney has not alleged a sufficiently serious violation
of the FCA to establish a “whistleblower” claim. As discussed in a companion order, the Court
finds McNerney cannot establish an objectively reasonable belief that the billing policies she
reported were “serious misconduct” that constituted “a violation of the law and of well
established and clearly mandated public policy” as required by the Missouri Supreme Court in

Margiotta v. Christian Hospital Northeast Northwest.

Consequently, Parson’s motion is

GRANTED.
IT IS SO ORDERED.
Date:

June 12, 2012

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT

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