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Keywords

lawsuitdefendantappealsummary judgmentdiscriminationcorporationregulation
lawsuitattorneyappealsummary judgmentdiscriminationcorporation

Related Cases

Taylor v. F.D.I.C., 132 F.3d 753, 328 U.S.App.D.C. 52

Facts

Three former employees of the RTC, Bruce Pederson, Jacqueline Taylor, and Juan Luis Burgos–Gandia, brought a lawsuit against the RTC, claiming retaliation for making protected disclosures regarding the RTC's reorganization and management practices. After the RTC's statutory life expired, the FDIC was substituted as the defendant. The employees alleged that they faced discrimination and retaliation after raising concerns about the RTC's actions, which they believed were intended to protect disloyal fiduciaries. The district court dismissed their statutory claims and granted summary judgment on the constitutional claims, leading to the appeal.

Three former employees of the RTC, Bruce Pederson, Jacqueline Taylor, and Juan Luis Burgos–Gandia, brought a lawsuit against the RTC, claiming retaliation for making protected disclosures regarding the RTC's reorganization and management practices.

Issue

Did the RTC violate the RTC Whistleblower Act and the First Amendment by retaliating against the former employees for making protected disclosures?

Did the RTC violate the RTC Whistleblower Act and the First Amendment by retaliating against the former employees for making protected disclosures?

Rule

The RTC Whistleblower Act prohibits retaliation against employees for disclosing information regarding violations of law or regulation, and the First Amendment protects individuals from government retaliation for free speech.

The RTC Whistleblower Act prohibits discharge of or discrimination against employees because of their disclosure of information to the RTC, the Thrift Depositor Oversight Board, the Attorney General, or any appropriate Federal banking agency.

Analysis

The court analyzed whether the disclosures made by the employees qualified for protection under the RTC Whistleblower Act. It found that the disclosures did not meet the criteria for protection, as they were not made to the appropriate entities as required by the Act. Additionally, the court determined that the alleged retaliatory actions did not constitute a violation of the First Amendment, as the employees' resignations were deemed voluntary and not a result of constructive discharge.

The court analyzed whether the disclosures made by the employees qualified for protection under the RTC Whistleblower Act. It found that the disclosures did not meet the criteria for protection, as they were not made to the appropriate entities as required by the Act.

Conclusion

The Court of Appeals affirmed the district court's dismissal of the statutory claims and granted summary judgment for the FDIC on the constitutional claims, concluding that the employees failed to establish a valid claim under both the RTC Whistleblower Act and the First Amendment.

The Court of Appeals affirmed the district court's dismissal of the statutory claims and granted summary judgment for the FDIC on the constitutional claims, concluding that the employees failed to establish a valid claim under both the RTC Whistleblower Act and the First Amendment.

Who won?

Federal Deposit Insurance Corporation (FDIC) prevailed in the case because the court found that the former employees did not establish a valid claim for retaliation under the RTC Whistleblower Act or the First Amendment.

Federal Deposit Insurance Corporation (FDIC) prevailed in the case because the court found that the former employees did not establish a valid claim for retaliation under the RTC Whistleblower Act or the First Amendment.

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