Wallace v. Tesoro Corp.
United States Court of Appeals for the Fifth Circuit
796 F.3d 468 (2015)
Relevant factsFree
Wallace (plaintiff) reported to Tesoro (defendant) supervisors that the company's financial reporting might violate SEC rules and was subsequently fired; he sued under the Sarbanes-Oxley Act's whistleblower-retaliation provision, and the district court dismissed for failure to plead the underlying fraud with the particularity Rule 9(b) requires for fraud claims.
IssueFree
Whether an employee alleging retaliation for reporting employer fraud must plead facts with particularity according to Rule 9(b).
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