Court dismisses all claims against Greenberg Freeman client China Natural Gas, Inc.

The Appellate Division, Second Department, modified a lower court decision dismissing four of five claims against our client China Natural Gas, Inc. by dismissing the complaint in its entirety.  The appellate court affirmed the dismissal of plaintiff’s claim under the New York Whisteblower Act because the facts alleged by plaintiff were outside the scope of the statute and further held that plaintiff’s common law claims were barred under Labor Law § 740(6), which bars a plaintiff from asserting both common law claims and claim under the Whistleblower Act arising out of the same facts.  China Natural Gas was represented by Michael A. Freeman.

Click here to view the decision: Garner v. China Natural Gas, Inc.