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LIVINGSTON v. WYETH, INC.

No. 06-1939.

520 F.3d 344 (2008)

Mark LIVINGSTON, Plaintiff-Appellant, v. WYETH, INCORPORATED; Bruce Kaylos, Wyeth Sanford Managing Director; David McCuaig, Wyeth Sanford Human Resource Director, Defendants-Appellees. United States Chamber of Commerce, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2008.

Attorney(s) appearing for the Case

ARGUED: Thad M. Guyer, T.M. Guyer & Ayers & Friends, P.C., Medford, Oregon, for Appellant. Michael Delikat, Orrick, Herrington & Sutcliffe, L.L.P., New York, New York, for Appellees. ON BRIEF: Joanne Royce, Government Accountability Project, Washington, D.C., for Appellant. James H. McQuade, Orrick, Herrington & Sutcliffe, L.L.P., New York, New York; Terry A. Clark, Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellees. Virginia W. Hoptman, Womble, Carlyle, Sandridge & Rice, Tysons Corner, Virginia; Charles A. Edwards, Sheri Roberson, Womble, Carlyle, Sandridge & Rice, Raleigh, North Carolina; Robin S. Conrad, Shane Brennan, National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Supporting Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and CLAUDE M. HILTON, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge HILTON joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Relying on the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, Mark Livingston commenced this action against his employer Wyeth, Inc., a pharmaceutical company, alleging that Wyeth unlawfully discharged him because of his complaints...

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