United States Second Circuit

Petition for review of order dismissing petitioner's whistleblower retaliation claim under the Sarbanes-Oxley Act is denied, where: 1) although the Administrative Law Judge used an incorrect burden-shifting framework, the error was immaterial; and 2) the Administrative Review Board applied the correct standard in reviewing petitioner's claim and did not otherwise act arbitrarily, capriciously, or not in accordance with law.

Appellate Information

• Decided 03/05/2013
• Published 03/05/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel