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Bard v. Bath Iron Works Corp.

Supreme Judicial Court of Maine
590 A.2d 152 (Me. 1991)


Facts

In 1983, Leon E. Bard Jr. (plaintiff) began working as a quality-assurance inspector for Bath Iron Works Corporation (BIW) (defendant). Bard began suspecting there were flaws in BIW’s quality-assurance process that were in violation of certain provisions in BIW’s contracts with the United States Navy (Navy). Bard raised this issue with his supervisors and the Navy inspectors. Bard’s last pay increase was in January 1984. In January 1986, Bard received a written warning from BIW after BIW received numerous complaints about Bard’s poor performance and attitude. In September 1986, BIW terminated Bard’s employment on the grounds that Bard had deliberately restricted output and created a nuisance. Bard sued BIW, arguing that his termination was retaliatory in violation of Maine’s Whistleblowers’ Protection Act (Act). After trial, BIW moved for judgment against Bard on the whistleblower claim. The trial court granted judgment in favor of BIW. Bard appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Bard, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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