United States Third Circuit

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Wiest v. Lynch, 11-4257

Judgment dismissing federal whistleblower action under the Sarbanes-Oxley Act and related state law claims, is: 1) reversed in part as to the dismissal of two of the federal whistleblower claims, where a) the district court erred in requiring that plaintiff allege that his communications to his supervisors "definitively and specifically relate to" an existing violation of a particular anti-fraud law, as opposed to expressing a reasonable belief that corporate managers are taking actions that could run afoul of a particular anti-fraud law, and b) plaintiff pled sufficient facts to establish that his communication relating to the Atlantis and Wintergreen event was protected activity under Section 806; 2) affirmed in part where plaintiff cannot establish that his communications relating to the other alleged matters constituted protected activity; and 3) vacated as to the state law claim.

Appellate Information

  • Decided 03/19/2013
  • Published 03/19/2013




  • United States Third Circuit


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