• Whistleblower Voices
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblowers Handbook
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
Whistleblower Network News
  • Whistleblower Voices
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblowers Handbook
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home Corporate

Fourth Circuit says “de novo” means “de novo” for SOX whistleblowers

WNN StaffbyWNN Staff
December 31, 2009
in Corporate, News
Reading Time: 1 min read
Share on TwitterShare on FacebookShare on LinkedInEmail

I am pleased to report a favorable decision today from the U.S. Court of Appeals for the Fourth Circuit. In Stone v. Instrumentation Laboratory Co., No. 08-1970 (4th Cir. 12-31-2009), the Court reinstated David Stone’s SOX case after a lower court dismissed it saying that it would be "absurd" to allow Stone to have a new trial after a Department of Labor administrative judge dismissed it.  The Court found that the language in the Sarbanes-Oxley Act (SOX), 18 U.S.C. Section 1514A(b)(1)(B), "to be plain and unambiguous." The Court added, "In applying preclusion principles, the district court strayed from the plain and unambiguous meaning of § 1514A(b)(1)(B). … A plaintiff’s right to pursue such relief is not circumscribed in any manner by the statute." "By definition, de novo review entails consideration of an issue as if it had not been decided previously." The Court also rejected a comment by the former Secretary of Labor that urged against allowing complainants to retry their cases in federal court.  The National Whistleblowers Center and the Government Accountability Project joined together to file an amicus brief urging this result. Tom Devine and Kasey Dunton of GAP worked with me on that amicus brief.  Congratulations to Adam Carter of The Employment Law Group for this excellent result for his client.

Protect Yourself: Purchase the New Whistleblower Handbook Protect Yourself: Purchase the New Whistleblower Handbook Protect Yourself: Purchase the New Whistleblower Handbook
Tags: Corporate WhistleblowersFourth CircuitSOX
Previous Post

Jury verdicts up this year in employment cases

Next Post

FAA suppressed whistleblower on near misses at Newark Airport

WNN Staff

WNN Staff

Next Post

FAA suppressed whistleblower on near misses at Newark Airport

Write a Letter to The Editor.

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

Helicopter Flight Instructor Training Company and Community College To Pay $7.5 Million in False Claims Act Settlement; Whistleblower To Receive Award

OSHA Updates Whistleblower Investigations Manual, First Major Overhaul Since 2011

Congressmembers Reintroduce Espionage Act Reform Act; Bill Would Bolster Protections for Journalists, Expand Reporting Options for Whistleblowers

In Memoriam: Corinne M. Kohn

Congressional Filing Defends SEC Whistleblower Program from Recent Attacks

Skilled Nursing and Long-Term Care Provider To Pay Over $5 Million to Settle Allegations of FCA Violations

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’22

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN
Get Whistleblower Network News Mail
Subscribe
Free Sign-up!
close-image

Add New Playlist

Go to mobile version