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First Circuit· 2/9/2009

Day v. Staples, Inc.

Citations

  • 555 F.3d 42
  • 2009 CCH OSHD 32,985
  • 2009 U.S. App. LEXIS 2266
  • 92 Empl. Prac. Dec. (CCH) 43,462
  • 2009 WL 294804

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “violations of ‘general accounting principles’ ” do not constitute “shareholder fraud” that gives rise to SOX-protected activity
  • stating that plaintiffs educational background and level of sophistication are relevant to the subjective component
  • affirming summary judgment for the defendant, holding that the plaintiff failed to demonstrate that any of the alleged manipulations of accounting data were material to shareholders
  • “[Section] 1514A requires ... an objectively reasonable belief that conduct complained of constituted a violation of the relevant law set out in the statute.”
  • Putative whistleblower's \beliefs were not initially reasonable as beliefs in shareholder fraud and they became less reasonable as he was given explanations [by company employees].\
  • \The employee must show that his communications to the employer specifically related to one of the laws listed in [Section] 1514A.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Howard, Garcia-Gregory

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.