No. 19-33

Kevin Wallace v. Andeavor Corporation

Lower Court: Fifth Circuit
Docketed: 2019-07-03
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-rights employee-protection federal-prohibitions matter-of-law objective-reasonableness sarbanes-oxley sarbanes-oxley-act trier-of-fact whistleblower whistleblower-protection whistleblower-retaliation
Latest Conference: 2019-10-01
Question Presented (from Petition)

The anti-retaliation provision of the Sarb­anes-Oxley 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?

Question Presented (AI Summary)

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?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Waiver of right of respondent Andeavor Corporation to respond filed.
2019-07-01
Petition for a writ of certiorari filed. (Response due August 2, 2019)

Attorneys

Andeavor Corporation
Jonathan Saul FranklinNorton Rose Fulbright US, LLP, Respondent