Allan Weitzman
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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 … Continue Reading
In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6, 2014) has created a Hobson’s choice: forcing plaintiff-employees either to forego potential emotional distress damages available under state law or risk … Continue Reading
Two weeks ago, the U.S. District Court for the Middle District of Florida dismissed with prejudice a former employee’s Dodd-Frank whistleblower claim on the ground that the employee was not a “whistleblower” within the meaning of the Dodd-Frank Reform Act because she did not provide information relating to a violation of the securities law to … Continue Reading
No “Pleasure” for Florida Whistleblower
By Allan Weitzman and Jurate Schwartz on Posted in State-Specific Whistleblower Claims
Eleventh Circuit Sustains Award To Employer In Whistleblower Case
By Allan Weitzman, Steven J. Pearlman and Harris Mufson on Posted in SOX Whistleblower Decisions
M.D. Florida: Employee Must Report To SEC To Be A Protected Dodd-Frank Whistleblower
By Allan Weitzman and Jurate Schwartz on Posted in Dodd Frank
