Ms. Boody recently tried a jury trial in Gloucester County, New Jersey on behalf of a major transportation company. The Plaintiff alleged that he was injured after falling while unloading the client’s trailer. He testified that the truck driver pulled away from the loading dock while he was still partially standing in the trailer. The Plaintiff had previously received a favorable arbitration award, which was appealed to a trial de novo. The trial involved questions of agency and control over the actions of the truck driver; but through the presentation of multiple witnesses and evidence, Ms. Boody successfully argued that the owner of the trailer bore no responsibility for the accident. Specifically, Ms. Boody presented evidence that the client’s drivers were not using the loading dock at the time of the alleged accident. After a short deliberation, the jury found no agency relationship between the client and the truck driver. Based upon the jury’s factual finding, the court entered judgment in the defendant's favor. This was one of the first fully virtual jury trials in this vicinage where all participants met on Zoom without any courtroom appearances of attorneys, parties, witnesses, or jurors.

Elisa defended, litigated, and resolved claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). She represented an employer and obtained a favorable settlement when a then-current employee alleged that he was intentionally passed over for two promotions on account of his age and disability status. Elisa argued that the promotions were given to the most qualified individuals who performed the best during the interview process rather than to those with the most time of the job.

Elisa was a part of the team that represented the whistleblower and successfully settled United States ex rel. Bergman v. Abbott Laboratories, 2:09-cv-04264 (E.D. Pa.). Abbott Laboratories paid $25 million to settle the lawsuit that alleged that Abbott promoted a drug for off-label uses and paid kickbacks to prescribing physicians.

Elisa assisted in the matter of the United States ex rel. Nevyas v. Allergan Inc., 2:09-cv-00432 (E.D. Pa.). In that case, Allergan agreed to pay $13 million to settle claims that it was paying kickbacks to eye care providers.

Elisa was a part of the team representing two whistleblowers and assisting the government on United States, et al. ex rel. Lutz, et al. v. Health Diagnostic Laboratory, Inc., et al. The case resulted in a $114 million judgment against three individuals for violating the False Claims Act.

Publications

“Puerto Rico Establishes its own False Claims Act,” False Claims Act – Whistleblowers Blog, August 2018

“Where Does Supreme Court Nominee Brett Kavanaugh Stand on the False Claims Act?” False Claims Act – Whistleblowers Blog, July 2018

“PA Court Declares Contractors Lack Standing to Challenge P3 Contracts,” Breaking Ground Magazine, November/December 2017 Issue

“3D Printing is Changing Construction,” Construction Legal Edge, Summer 2017