Man fired from Yucca project files lawsuit

Suzanne Struglinski

Tuesday, Sept. 9, 2003 | 10:54 a.m.

WASHINGTON -- Fired Yucca Mountain project contractor James Mattimoe sued Morgan, Lewis and Bockius, alleging the Washington law firm made false statements about his work on the Energy Department project that not only resulted in his termination but will affect the rest of his career.

Reno lawyer Richard Campell filed the defamation lawsuit Aug. 27 in District Court in Las Vegas. It lists 12 statements from a report completed in 2001 by the law firm for the department which Mattimoe says are false and misleading.

Mattimoe formerly worked for Navarro Research and Engineering, an Energy Department contractor working on the quality assurance program of Yucca Mountain Project. He alleges he was fired in August 2001 from the project after he began shining light on certain flaws in the Energy Department's plan to store 77,000 tons of nuclear waste at Yucca Mountain.

Energy Department officials hired the law firm to investigate Mattimoe and other quality assurance employees. The firm conducted numerous interviews in Las Vegas and issued a report of its findings in Aug. 28, 2001.

According to the defamation claim, the report includes statements that he abused his authority, retaliated against other employees and was defensive, among other items.

The report named Mattimoe specifically and by position title. The lawsuit says the report contains false information and implies he "was lacking in fitness for his trade, businesss and profession and imputed that he was involved in criminal activity and/or falsification of documents."

"Mr. Mattimoe was terminated by Navarroa based upon urging by the Department of Energy and on the Morgan Lewis Final Report," according to the complaint.

Mattimoe earlier challenged his firing and a Labor Department probe ruled that he had been unfairly terminated. He eventually settled with Navarro for an undisclosed amount.

Campbell said his client seeks money damages from the suit, but did not name a specific amount.

A call to Morgan Lewis was not returned.