Stone v. Instrumentation Lab. Co., No. 08-1970

By FindLaw Staff on December 31, 2009 | Last updated on March 21, 2019

In an employment retaliation action under the whistleblower provision of the Sarbanes-Oxley Act, grant of defendant's motion to dismiss in favor of remand to the appropriate administrative body for further proceedings is vacated and remanded as the plain language of section 1514A(b)(1)(B) unambiguously establishes a Sarbanes-Oxely whistleblower complainant's right to de novo review in federal district court if the Department of Labor has not issued a final decision and the statutory 180-day period has expired. 

Read Stone v. Instrumentation Lab. Co., No. 08-1970

Appellate Information

Argued: September 23, 2009

Decided: December 31, 2009


Opinion by District Judge Davis


For Appellant:  Adam Augustine Carter, Employment Law Group, PC

For Appellee:  Robert Michael Shea, Morse Barnes-Brown & Pendleton, PC

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