United States First Circuit

In an action brought against former employer-Staples, alleging plaintiff was fired for reporting fraud, in violation of the federal whistleblower protection provision of the Sarbanes-Oxley Act (SOX) and state law, summary judgment for Staples is affirmed where: 1) the circuit court establishes the criteria by which such SOX whistleblower claims are to be evaluated; 2) applying the criteria the SOX claim failed as plaintiff did not have the needed objectively reasonable belief of violation of one of the laws set forth by applicable statute; and 3) the state law claims failed as well.

Appellate Information

• Decided 02/09/2009
• Published 02/09/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bryan J. Day, for appellant.


• For Appellees:
  
• Dawn Reddy Solowey with whom Ariel D. Cudkowicz, Krista Green Pratt, and Seyfarth Shaw LLP were on brief for appellee.