Legal Opinion

Marc Wiersum v. U.S. Bank, N.A.

Court of Appeals for the Eleventh Circuit

Decided May 5, 2015No. 14-12289PublishedCited by 149 opinions

1Opinion of the Court

FAY, Circuit Judge:

Marc Wiersum appeals the dismissal with prejudice of his alleged wrongful-termination action, filed under the Florida Whistleblower Act (“FWA”),1 which the district judge determined was preempted by the National Bank Act (“NBA”).2 We affirm.

I. BACKGROUND

On March 15, 2013, U.S. Bank, N.A., a federally chartered bank headquartered in Minnesota, hired Wiersum, a resident of Miami-Dade County, Florida, as a Vice President and Wealth Management Consultant for its Naples office. During his brief employment, Wiersum alleged he witnessed U.S. Bank condition credit upon asset…

2Cases cited40 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  5. Cannon v. University of ChicagoSupreme Court of the United States · 1979

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3Cited by149 opinions

  1. Marie Patterson v. Georgia Pacific, LLCCourt of Appeals for the Eleventh Circuit · 2022
  2. Pamela Caver v. Central Alabama Electric CooperativeCourt of Appeals for the Eleventh Circuit · 2017
  3. Wilhen Hill Barrientos v. Corecivic, Inc.Court of Appeals for the Eleventh Circuit · 2020
  4. Small v. Amgen, Inc.District Court, M.D. Florida · 2015
  5. Xiaoyun "Lucy" Lu v. Airtran Airways, Inc.Court of Appeals for the Eleventh Circuit · 2015

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