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GUYDEN v. AETNA, INC.

Docket No. 06-4954-cv.

544 F.3d 376 (2008)

Linda C. GUYDEN, Plaintiff-Appellant, v. AETNA INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2008.

Attorney(s) appearing for the Case

Eric J. Grannis, New York, N.Y., for Plaintiff-Appellant.

Willis J. Goldsmith (Wendy C. Butler, on the brief), Jones Day, New York, N.Y., for Defendant-Appellee.

Jonathan L. Snare, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Ellen R. Edmond, Counsel for Whistleblower Programs, Roger W. Wilkinson, Attorney, U.S. Department of Labor, Washington, D.C., for Amicus Curiae Secretary of Labor.

Before: POOLER, HALL, Circuit Judges, and GLEESON, District Judge.

HALL, Circuit Judge:

Plaintiff-Appellant Linda Guyden sued Defendant-Appellee Aetna, Inc. for terminating her employment in violation of the whistleblower protection provision of the Sarbanes-Oxley Act. Based on an arbitration clause in an agreement between Guyden and Aetna, the district court dismissed the complaint in favor of arbitration. On appeal, Guyden argues that her whistleblower claim under the Sarbanes-Oxley Act is nonarbitrable because arbitration is inconsistent...

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