306 A.3d 1026
R.I.2024Background
- Dr. Michael Nissensohn was employed as a gastroenterologist by University Medical Group (UMG) under a contract requiring clinical and teaching duties.
- Nissensohn clashed with his supervisor Dr. Epstein over alleged underpayment for teaching and alleged disclosure of sensitive mental health information.
- Following an incident where Nissensohn brought a firearm to work and was reported by a colleague for making threatening comments, he was placed on administrative leave, then resigned.
- He later filed a multi-count complaint against UMG and hospital defendants, including claims for breach of contract, defamation, whistleblower protection, tortious interference, conversion, and emotional distress.
- The Superior Court granted summary judgment for UMG, rejecting each of Nissensohn's claims; he timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Protected Conduct under RIWPA | Nissensohn reported violations he believed to be illegal, triggering Whistleblowers’ Act protection | Plaintiff only reported unethical—not illegal—conduct | Plaintiff did not engage in protected conduct; claim fails |
| Defamation | Defendants made defamatory statements within the statute of limitations | Statements were true, privileged, or time-barred; claims abated on plaintiff's death | Plaintiff's defamation claim abated and is not actionable |
| Breach-of-Contract | UMG breached by failing to pay promised wages and teaching compensation | Wages claim untimely and must be brought under Payment of Wages Act; teaching money claim lacked consideration | Payment claim time-barred; teaching money promise unenforceable |
| Tortious Interference | Dr. Epstein intentionally harmed Nissensohn’s contractual and prospective business relations | No proof of intent to harm or causation; Dr. Epstein not a 'stranger' to contract | No evidence of intentional interference or causation; claim fails |
Key Cases Cited
- Fogarty v. Palumbo, 163 A.3d 526 (R.I. 2017) (sets forth breach-of-contract proof requirements)
- Bisbano v. Strine Printing Co., Inc., 135 A.3d 1202 (R.I. 2016) (applies Payment of Wages Act limitation to wage-related breach claims)
- Tidewater Realty, LLC v. State, 942 A.2d 986 (R.I. 2008) (tortious interference with contract elements)
- Doe v. Brown University, 253 A.3d 389 (R.I. 2021) (need to prove intentional interference in contract claims)
- Young v. Aylesworth, 35 R.I. 259, 86 A. 555 (R.I. 1913) (defamation claim abates on plaintiff's death)