My lawyer filed a motion yesterday for dismissal of Blue Shield’s lawsuit accusing me of disclosing confidential information. The motion argues that Blue Shield has shown no probability it will prove I did anything wrong and that its lawsuit chills my 1st Amendment right to participate in public discussion about Blue Shield.
A couple of highlights from the brief:
- The disclosures Blue Shield alleges I made are authorized under state and federal laws protecting whistleblowers and those petitioning for governmental action.
- The Blue Shield employee handbook, whose confidentiality provisions Blue Shield relies on to claim a breach of contract, is, by its own terms, not a contract: “Nothing in this Handbook, or any Blue Shield of California policies, rules or guidelines, or the Code of Business Conduct, is intended to be and is not a contract (express or implied)…”
Blue Shield’s complaint against me and my motion to strike their lawsuit, including my declaration in support, are here.