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Your Tax Dollars Pay LLNL´s Legal Costs

LLNL´s litigation expenses were discussed in the March 13 issue of The Recorder, a Bay Area legal newspaper. The Recorder requested LLNL´s legal costs under the Freedom of Information Act and received these estimates from the Department of Energy (DOE):
Year Estimated Legal Costs
2002 $5.46 million
2001 $2.7 million
2000 $2.08 million
1999 $2.47 million

These include legal expenses for Kotla v. Regents (a wrongful termination suit, see Spring 2002 Newsletter), Singleton (see Case Updates), and Doggett (a whistleblower case scheduled for trial in September). However, the 2002 estimate may increase because LLNL is still accounting for some cases such as Ling (a class action filed in 2001 alleging discrimination against Asian-American scientists) and Zipoli (a suit alleging that two guards who expressed concerns about security were unfairly fired).

Last year, Representative Edward Markey called for a General Accounting Office (GAO) probe of litigation costs for DOE contractors such as the University of California. Markey´s reaction to the findings was "This is an unacceptable practice ... first the lab fires the whistle-blowers. Then it fights them in court to the tune of millions of dollars worth of legal fees. Finally, it turns around and bills DOE, which passes the bill along to the taxpayers, who were under the mistaken impression that the labs were spending their money protecting the homeland instead of arguing in court."

More of Markey´s comments about these expenses were quoted in the April 30 issue of the East Bay Express (www.eastbayexpress.com) in a cover story about Michelle Doggett´s whistleblower retaliation suit against LLNL. In addition to details about Doggett´s suit alleging that she was punished for bringing financial improprieties to light, the article describes other cases of apparent cover-up and retaliation at LLNL, dating from the mid-1980s. At that time, a common argument for keeping UC in charge of the lab was that, as a public institution, it could offer greater protection to whistleblowers than a private contractor. History suggests this argument may be mistaken.

-wage@wage.org-