In 1998, the two filed a civil court lawsuit seeking employee protections under the state Whistleblower Act that resulted in a $425,000 jury award to Akre. That verdict was then overturned in 2003 when an appeals court accepted Fox's defense that since it is not technically against any law, rule, or regulation for a broadcaster to distort the news, the journalists were never entitled to employee protections as whistleblowers in the first place.