United States Fourth Circuit
Weidman v. Exxon Mobil Corporation, 13-2007
In this case, plaintiff sued his former employer, alleging that he was fired in retaliation for reporting illegal pharmacy practices, which caused him to suffer a heart attack and emotional distress. The district court's denial of plaintiff's motion to remand and dismissal of plaintiff's fraud, intentional infliction of emotional distress (IIED), personal injury, and wrongful discharge claims is affirmed in all respects except as to the wrongful discharge claim, where: 1) defendants have satisfied there burden of showing there is "no possibility" of plaintiff succeeding in any of his tort claims against any of the non-diverse defendants; 2) plaintiff did not sufficiently plead his fraud, IIED, or personal injury claims; and 3) plaintiff sufficiently stated a claim that his termination violated Virginia's public policy exception to its at-will employment doctrine.
- Decided 01/08/2015
- Published 01/08/2015
- United States Fourth Circuit