Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts state wrongful discharge claims. In its May 5, 2015, decision, the majority concluded that the NBA’s language empowering banks to “dismiss . . . officers or any of them at pleasure” conflicted with the Florida Whistleblower Act (“FWA”) prohibiting retaliatory discharge and, therefore, affirmed the district court’s dismissal of a claim under the FWA on federal preemption grounds. Wiersum v. U.S. Bank, N.A., No. 14-12289 (11th Cir. May 5, 2015).
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