Wallace v. Tesoro Corp.
United States Court of Appeals for the Fifth Circuit
796 F.3d 468 (2015)
An employee alleging retaliation for reporting employer fraud is not required to plead facts with particularity under Rule 9(b); Rule 8(a)’s standard pleading requirements apply.
Relevant Facts
Kevin Wallace reported to Tesoro Corporation's supervisors that the company’s financial reporting might violate SEC rules. He was subsequently fired and filed a complaint under the Sarbanes-Oxley Act, alleging retaliation. The district court dismissed his claim for not stating it with particularity under Rule 9(b).
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
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Procedural History
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Citations
796 F.3d 468 (2015)