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Expert Analysis

No Relief For Whistleblowers In 7th Circ.

By Steven Pearlman and Edward Young (March 1, 2018, 11:12 AM EST) -- The Seventh Circuit is proving to be a tough jurisdiction for whistleblowers claiming retaliation under various statutes. A trifecta of decisions — Verfuerth v. Orion Energy Systems (No. 16-cv-3502, Jan. 11, 2018), Martensen v. Chicago Stock Exchange (No. 17-cv-2660, Feb. 20, 2018), and Armstrong v. BNSF Railway Co. (Nos. 16-cv-3674 & 17-cv-1088, Jan. 18, 2018) — illustrate a trend of the Seventh Circuit rejecting whistleblower retaliation claims. These cases raise the bar for plaintiffs trying to establish that they engaged in protected activity, a welcome change for employer-defendants....

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