10th Circ. Says Whistleblower Failed To Seek 'Higher Authority'
By Ben James
Law360, New York (February 12, 2014, 8:34 PM ET) -- The Tenth Circuit on Wednesday refused to revive an ex-worker's whistleblower suit against Saint-Gobain Corp., holding that his environmental complaints to management at the plant where he worked didn't satisfy a Kansas law requirement that he seek out a “higher authority.”
A three-judge panel unanimously upheld the dismissal of would-be whistleblower and former fiberglass plant worker Randall Lykins' state law retaliatory discharge claim but ruled 2-1 that the district court should not have nixed a sanctions award for Lykins that stemmed from a discovery dispute....