No “Pleasure” for Florida Whistleblower

Proskauer - Whistleblower Defense
Contact

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).

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - Whistleblower Defense | Attorney Advertising

Written by:

Proskauer - Whistleblower Defense
Contact
more
less

Proskauer - Whistleblower Defense on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide