United States Ninth Circuit

Imposition of spoliation sanctions on plaintiff and a decision not to enjoin, on res judicata grounds, Department of Labor proceedings against defendant-employer involving a claim that it violated the whistleblower-protection provision of the Sarbanes-Oxley Act, is affirmed in part as to the imposition of sanctions and reversed in part and remanded where the court erred in concluding that the privity element of res judicata was not satisfied.

Appellate Information

• Argued 06/09/2006
• Decided 09/20/2006
• Published 09/20/2006

Judges

• TASHIMA, Circuit Judge., Before THOMPSON, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kenneth G. Kieffer, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim LLP, Tacoma, WA, for the plaintiff-appellant/appellee., Angelo J. Calfo, Jordan Gross, Yarmuth Wilsdon Calfo PLLC, Seattle, WA, M. Edward Taylor, Sebris Busto James, Bellevue, WA, for the defendant-appellee/appellant.