Rabkin

This appeal by Oregon Health Sciences University (OHSU) from an Order by the United States District Court for the District of Oregon denying Appellant’s motion to reduce a jury verdict requires us to *917 decide whether an award under Oregon’s Whistleblower Law, Or.Rev.Stat. § 659A.203 (2001), is limited to $200,000 as set forth in the Oregon Tort Claims Act (OTCA), Or.Rev.Stat. § 30.270(1) (2001). We hold that the limitation applies and, therefore, reverse the judgment of the district court.

We also decide in a cross-appeal brought by John Rabkin, M.D., that the district court did not abuse its discretion by not reinstating him as director of OHSU’s Liver Transplant Program.

The United States District Court for the District of Oregon had jurisdiction in the underlying action pursuant to 28 U.S.C. § 1331 based on Dr. Rabkin’s First Amendment claim under 42 U.S.C. § 1983 . Moreover, the district court had supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over claims related to the underlying action.

I.

Dr. Rabkin is a liver transplant surgeon who contends that after he raised concerns about patient well-being under a fellow physician’s care, his employer, OHSU, retaliated…