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Summary judgment granted for Boeing in whistleblower case

September 23, 2011

The U.S. District Court for the Western District of Washington in Seattle granted summary judgment for Boeing in the latest in a series of Sarbanes-Oxley whistleblower cases McGuireWoods has defended on behalf of the company.

The latest order, in Kim v. Boeing, was significant because the court indicated that it would not follow the U.S. Department of Labor Administrative Review Board (ARB) and abrogate a commonly used defense for this type of claim, sticking instead with the more favorable rule developed in the courts of appeal.

The court held that Boeing demonstrated by clear and convincing evidence that Mr. Kim would have been fired even in the absence of any protected activity.

McGuireWoods has now obtained dismissal of six different Sarbanes-Oxley whistleblower cases on behalf of Boeing (one of these is on appeal before the ARB and another is awaiting decision on a petition for a writ of certiorari at the U.S. Supreme Court).