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WIEST v. LYNCH

No. 11-4257.

710 F.3d 121 (2013)

Jeffrey A. WIEST; Laura E. Wiest, His Wife, Appellants v. Thomas J. LYNCH, Chief Executive Officer and Director of Tyco Electronics Corporation; Terrence Curtin, Executive Vice President and Chief Financial Officer of Tyco Electronics Corporation; Charles Post, Esquire, Senior Labor & Employment Counsel; Charles Dougherty, President, Wireless Systems, A Tyco Business Unit; Tyco Electronics Corporation.

United States Court of Appeals, Third Circuit.

Filed: March 19, 2013.

Attorney(s) appearing for the Case

Richard C. Angino, Esq. , (Argued), Daryl E. Christopher, Esq. , Angino & Rovner, P.C., Harrisburg, PA, for Appellants.

Stephen M. Kohn, Esq. (Argued), Kohn, Kohn & Colapinto, Washington, D.C., for Amicus Curiae National Whistleblowers Center.

Michael A. Finio, Esq. (Argued), Amy C. Foerster, Esq. , Cory S. Winter, Esq. , Saul Ewing LLP, Harrisburg, PA, for Appellees.

Eugene Scalia, Esq. , Gibson, Dunn & Crutcher LLP, Washington, D.C., for Amicus Curiae Chamber of Commerce of the United States of America.

Before: McKEE, Chief Judge, JORDAN and VANASKIE, Circuit Judges.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act ("SOX"), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, "Tyco"). The District Court granted Tyco's Motion to Dismiss the federal whistleblower claims, declined...

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