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STONE v. INSTRUMENTATION LABORATORY CO.

Nos. 08-1970, 08-2196.

591 F.3d 239 (2009)

David R. STONE, Plaintiff-Appellant, v. INSTRUMENTATION LABORATORY COMPANY; Brian Durkin; Ann Defronzo; Ramon Benet, Defendants-Appellees, and Instrumentation Laboratory Spa, Defendant. Government Accountability Project; National Whistleblower Legal Defense and Education Fund, Amici Supporting Appellant. David R. Stone, Plaintiff-Appellant, v. Instrumentation Laboratory Company; Brian Durkin; Ann Defronzo; Ramon Benet, Defendants-Appellees, and Instrumentation Laboratory Spa, Defendant. Government Accountability Project; National Whistleblower Legal Defense and Education Fund, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 31, 2009.

Attorney(s) appearing for the Case

ARGUED: Adam Augustine Carter, Employment Law Group, PC, Washington, D.C., for Appellant. Robert Michael Shea, Morse, Barnes-Brown & Pendleton, PC, Waltham, Massachusetts, for Appellees. ON BRIEF: R. Scott Oswald, Employment Law Group, PC, Washington, D.C., for Appellant. Scott J. Connolly, Morse, Barnes-Brown & Pendleton, PC, Waltham, Massachusetts, for Appellees. Richard R. Renner, National Whistleblower Legal Defense and Education Fund, Washington, DC; Thomas Devine, Legal Director, Kasey Dunton-Dermont, Government Accountability Project, Washington, DC, for Amici Supporting Appellant.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge NIEMEYER and Judge Shedd Joined.

OPINION

DAVIS, District Judge:

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plaintiff, during the pendency...

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