Kevin Wallace v. Andeavor Corporation
AdministrativeLaw Securities
Should the determination under § 1514A(a) as to whether an employee's belief was objectively reasonable be made by the trier of fact, so long as reasonable minds could disagree, or by the court as a matter of law?
QUESTION PRESENTED The anti-retaliation provision of the SarbanesOxley Act, 28 U.S.C. § 1514A(a), forbids retaliation against an employee because he or she disclosed to certain federal or company officials information about conduct which the employee “reasonably believe[d]” violated certain federal prohibitions. The employee’s belief must have been objectively reasonable. The question presented is: Should the determination under § 1514A(a) as to whether an employee’s belief was objectively reasonable be made by the trier of fact, so long as reasonable minds could disagree, or by the court as a matter of law? li PARTIES The parties to this action are set out on the cover. Andeavor Corporation was formerly known as the Tesoro Corporation. It is owned by the Marathon Petroleum Corporation. iii LIST OF RELATED CASES Wallace v. Tesoro Corp., No. SA-11-CA-099-FB, U.S. District Court for the Western District of Texas. Judgment entered September 27, 2013 Wallace v. Tesoro Corp., No. 13-51010, U.S. Court of Appeals for the Fifth Circuit. Judgment entered July 31, 2015 Wallace v. Tesoro Corp., No. SA-11-CA-099-FB, U.S. District Court for the Western District of Texas. Judgment entered September 28, 2017 Wallace v. Andeavor Corp., No. 17-50927, U.S. Court of Appeals for the Fifth Circuit. Judgment entered February 15, 2019