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Court of Appeals Clarifies Procedural Hurdles To Whistleblower Protection Under TPFCA

The Court of Appeals recently explored the procedural and immunity implications of the Taxpayer Protection and False Claims Act (TPFCA) with respect to state universities and their officers and employees. In Fuciarelli v. McKinney, No. A15A0223, 2015 WL 4313845 (Ga. Ct. App. July 16, 2015), the Court held that a state university and its officers and employees – as public employees – are entitled to sovereign immunity in their official capacities when sued under the TPFCA. On the other hand, the Court clarified that a public employee is not required to obtain approval from the Attorney General before filing a retaliation suit under the TPFCA against other public employees in their individual capacities.