United States Fifth Circuit

The circuit court certifies questions to the Mississippi Supreme Court regarding: 1) whether Mississippi law permits a retaliatory discharge claim for discharge in retaliation for reporting a co-employee's illegal acts that relate to the employer's business; and 2) if so, whether Mississippi law allows for individual liability for the tort of retaliatory discharge even if the individual defendant's participation in the discharge was in the course and scope of his employment.

Appellate Information

• Decided 12/21/2007
• Published 12/26/2007

Judges

• DENNIS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Nancy Allen Wegener (argued), Clarksdale, MS, Jim D. Waide, III, Waide & Associates, Tupelo, MS, for DeCarlo., Timothy W. Lindsay (argued), The Kullman Firm, Jackson, MS, for Bonus Stores, Inc. and Fields., Kenneth E. Milam (argued), Watkins & Eager, Jackson, MS, for Schafer.