SOX Ruling Nixes Bias Suit V. Bristol-Myers: 3rd Circ.

Law360, New York (April 13, 2009, 12:00 AM EDT) -- A former Bristol-Myers Squibb Co. saleswoman's federal discrimination lawsuit is precluded by her previous failed attempt to bring administrative claims under the Sarbanes-Oxley Act against her one-time employer, a three-judge appellate panel has ruled in a case of first impression.

Wednesday's opinion, in the U.S. Court of Appeals for the Third Circuit, affirmed 2-1 a September 2007 grant of summary judgment against plaintiff Carol H. Tice in the U.S. District Court for the Western District of Pennsylvania.

Tice was a pharmaceutical saleswoman for Bristol-Myers for almost...
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