Wiest v. Lynch

After the district court dismissed his Sarbanes-Oxley retaliation claim under a definitive-and-specific standard requiring his communications to clearly implicate a listed rule and an existing violation, Wiest (plaintiff) sought reconsideration, arguing the Department of Labor's Administrative Review Board had since replaced that standard with a reasonable-belief test in Sylvester v. Parexel Int'l LLC. The district court rejected reconsideration and stood by its dismissal of Wiest's suit against Tyco (defendant); Wiest appealed.

Whether a plaintiff asserting a claim under Sarbanes-Oxley section 806 must prove his communication definitively and specifically related to a listed rule, revealed the elements of fraud, or referenced an existing violation.