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Try CasePortal for FreeJ. Thrash denies the relator's motion to dismiss the medical equipment manufacturer's breach of fiduciary duty and breach of contract counterclaims in a False Claims Act action arising from the manufacturer's allegedly fraudulent claims for reimbursement and retaliation against the relator for trying to bring the manufacturer into compliance with the law. The breach of fiduciary duty counterclaim based on the relator's alleged mishandling of a license renewal application is not barred by public policy. A reasonable jury could find that misleading the manufacturer with respect to how the renewal process was going was sufficiently negligent to be considered a breach of the duty of care. However, the counterclaim based on the relator's used of confidential information is barred by public policy.