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
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2019-10-01
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?

Question Presented (OCR Extract)

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

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
Jonathan Saul FranklinNorton Rose Fulbright US, LLP, Respondent