Baker v. Smith & Wesson, Inc., No. 21-2019 (1st Cir. 2022)Annotate this Case
The First Circuit reversed the order of the district court denying Defendant's motion for summary judgment as to Plaintiff's whistleblower retaliation claim brought under section 1514A of the Sarbanes-Oxley Act, holding that Plaintiff could not satisfy his burden of bringing a claim for whistleblower retaliation under section 18 U.S.C. 1514A.
Plaintiff, a former employee of Defendant, sued Defendant for whistleblower retaliation under section 1514A, but his particular whistleblower claim was based on an alleged violation of 15 U.S.C. 78m(b)(2), (5). Defendant moved for summary judgment following the completion of discovery, arguing that Plaintiff's action did not fall within any of the definitions of protected activity under section 1514A. The district court denied the motion as to the whistleblower retaliation claim. The First Circuit reversed and remanded with instructions to enter summary judgment in favor of Defendant, holding that Plaintiff's conduct was not "protected activity" under section 1514A.