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Related post: Court of Appeals in Washington, 718 A.2d 1071. In Washington, a cafeteria employee alleged that she was discharged in retaliation for following the District of Colum- bia health laws. After Washington, a cook in a retirement home, told a fellow worker to stop spraying poisonous clean- ing fluid next to uncovered food, she alleged that the manager told her he had ordered the employee to clean the area, and for her to tell the employee otherwise constituted insubordi- nation. See id. at 1072. Because the conduct at issue had occurred prior to Carl, the court had to decide whether Carl would be retroactive. In concluding that it would, the court applied Mendes v. Johnson, 389 A.2d 781 (D.C. 1978) (en banc), pretermitting a determination of whether Mendes was implicitly overruled by the Supreme Court in James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991), and Harper v. Virginia Department of Taxation, 509 U.S. 86 (1993). Under Mendes, the court considers four factors in determining whether to apply a new civil rule retroactively: the extent of the parties' reliance on the old precedent, the avoidance of altering vested contract or property rights, the desire to reward plaintiffs seeking to initiate just changes in the law, and the fear of burdening the administration of justice by disturbing decisions reached under the overruled precedent. 389 A.2d at 789. In Washington, the court concluded that the employer's stated reason for firing Washington belied any notion of actual reliance on the narrow public policy exception an- nounced in Adams, and that in general, neither employers nor the public could reasonably have relied on the Adams standard because the court had never explicitly held that there was only one narrow public policy exception. 718 A.2d at 1076-77. The court took note of the expanded public policy exception in other jurisdictions6 and supervening Su- preme Court decisions on the retroactivity of new civil rules in Beam Distilling, 501 U.S. 529, and Harper, 509 U.S. 86, and concluded that it gave employers fair warning of the retroactive application of any expansion of the public policy exception. Washington, 718 A.2d at 1078. The employer cited no authority for a vested right to discharge an at-will employee, and the court was unpersuaded that an employer's __________ 6 See id. at 1079 (citing Bernstein v. Aetna Life & Cas., 843 F.2d 359, 363-64 (9th Cir. 1988) (applying Arizona law); Newman v. Emerson Radio Corp., 772 P.2d 1059, 1062-72 (Ca. 1989); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 110-14 (Colo. 1992); McGe- hee v. Florafax Int'l , 776 P.2d 852, 853-54 (Okla. 1989)); id. at 1077 (citing 82 Am. Jur. 2d on Wrongful Discharge s 15, at 688 (1992), noting that courts generally protect three categories of protected employee conduct: (1) exercising a statutory right or civil obli- gation, (2) refusing to engage in illegal activity, and (3) reporting criminal conduct to supervisors or outside agencies)). expectation that the public policy exception would remain limited, as announced in Adams, created such a right. See id. Noting that Washington had not brought her lawsuit to effect a change in the law, the third Mendes factor did not weigh in her favor. On the other hand, the court rejected the notion that applying Carl retroactively would result in a plethora of wrongful discharge lawsuits. Id. at 1079. Melville's contentions that Carl should not apply to Libera- tore's case are unpersuasive. As in Washington, the employ- er's stated reason for firing was Liberatore's lapsed license, thereby belying actual reliance on the narrower public policy exception announced in Adams. 718 A.2d at 1076. The D.C. Court of Appeals in Washington rejected the argument that Carl broke completely new ground and was not foreshadowed by any prior holdings. Id. at 1077-78. Any reliance on the old at-will employment doctrine fails the reasonable reliance test, the D.C. Court of Appeals concluded, in light of Adams, the law in other jurisdictions, and the supervening Supreme Court decisions on retroactivity. Id. To no more avail Rizatriptan Benzoate is a contention based on the burden on the administration of justice, for as the Washington court noted, there is nothing of record to suggest that a substantial number of pending appeals would be subject to being reopened. Id. at 1078-79. Consequently, we conclude that the grant of summary judgment for failure to state a cause of action within the public policy exception must be reversed. Although there was no agreement by the D.C. Court of Appeals in Carl about the nature of the conduct that would qualify under its expand- ed public policy exception, the separate views of the judges indicate that "the effective holding of the en banc court," 702 A.2d at 197 n.2 (Steadman, J. dissenting), is that circum- stances other than an employee's outright refusal to violate a law constitute grounds for a public policy exception if "solidly based on a statute or regulation that reflects the Buy Rizatriptan particular public policy to be applied." Id. at 163; see also id. at 164 n.6 (Terry, J). In his brief, Liberatore cites both federal and District of Columbia law proscribing the improper storage of drugs. The FDA regulations require the storage of drug products under appropriate conditions of temperature, humidity, and light so that the identity, strength, quality, and purity of the drugs products are not affected. 21 C.F.R. s 211.142(b). Failure to Rizatriptan 10mg comply results in adulterated drugs as defined by Section 501 of the Food, Drug, and Cosmetic Act, 21 U.S.C. s 351, see 21 C.F.R. s 210.1(b), and the violator is subject to a fine, imprisonment up to one year, or both. 21 C.F.R. s 333(a)(1). Under D.C. Code s 2-2013(a) (1981), "[d]rugs which may deteriorate shall at all times be stored under conditions specified on the label of the original container and in accordance with applicable District of Columbia or federal laws or regulations." The conduct that Liberatore claims resulted in his termi-
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