Aetna Whistleblower Must Arbitrate Claims: 2nd Circ.

Law360, New York (October 3, 2008, 12:00 AM EDT) -- A U.S. appeals court has confirmed that lawsuits filed under the whistleblower protection provision of the Sarbanes-Oxley Act are arbitrable, upholding the decision of a district court in a wrongful termination case brought by a former employee of health insurer Aetna Inc.

In an opinion issued Thursday, the Second Circuit ruled that Congress did not intend whistleblower claims to be nonarbitrable and that Aetna's internal audit department director, Linda Guyden, had been given adequate opportunity to enforce her statutory rights by the arbitration process.

“Because we...
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