TAMOSAITIS v. URS INC.

No. 12-35924.

771 F.3d 539 (2014)

Walter L. TAMOSAITIS, Ph.D., an individual, Plaintiff-Appellant, v. URS INC., a Delaware corporation; URS Energy and Construction Inc., an Ohio corporation; U.S. Department of Energy; URS Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2014.


Attorney(s) appearing for the Case

John Sheridan (argued), Sheridan Law Firm, Seattle, WA; and Joseph R. Shaeffer , MacDonald Hoague & Bayless, Seattle, WA, for Plaintiff-Appellant.

Katherine Bushman Smith (argued), Trial Attorney, Office of the General Counsel, U.S. Department of Energy, Washington, D.C.; and Rolf Harry Tangvald , Assistant United States Attorney, Office of the United States Attorney, Spokane, WA, for Defendant-Appellee Department of Energy.

Matthew William Daley (argued), Timothy Michael Lawlor , and Matthew A. Mensik , Witherspoon Kelley , Spokane, WA, for Defendants-Appellees URS Corporation, URS Inc., and URS Energy and Construction, Inc.

Before: ALEX KOZINSKI, Chief Judge, and RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges.


OPINION

BERZON, Circuit Judge:

The Energy Reorganization Act ("ERA"), 42 U.S.C. § 5851(b)(4), includes an "opt-out" provision empowering whistleblowing employees working at nuclear energy sites to bring anti-retaliation claims to federal court after one year of agency inaction. Our case concerns the interpretation and application of that provision. In addition, we consider whether a whistleblower who sues an...

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