Legal Opinion · Dissent

Kidwell v. Sybaritic, Inc.

Court of Appeals of Minnesota

Decided June 3, 2008No. A07-0584, A07-0788Published

1DissentLansing, Judge

In Nordling v. N. States Power Co., 478 N.W.2d 498, 499 (Minn.1991), the supreme court held that in-house attorneys can sue for wrongful discharge. In the course of that decision, the supreme court suggested that in-house attorneys might similarly sue under the whistleblower statute. Id. at 504. In today’s opinion, however, the majority constructs an exception to the statute that strips an in-house attorney of whistleblower protection for exposing illegalities within the corporate structure. Because this duty-rule exception has no support in the text of the whistleblower statute, I…

2Cases cited11 opinions

  1. Crews v. Buckman Laboratories International, Inc.Tennessee Supreme Court · 2002
  2. GTE Products Corp. v. StewartMassachusetts Supreme Judicial Court · 1995
  3. Nordling v. Northern States Power Co.Supreme Court of Minnesota · 1991
  4. General Dynamics Corp. v. Superior CourtCalifornia Supreme Court · 1994
  5. Michaelson v. Minnesota Mining & Manufacturing Co.Court of Appeals of Minnesota · 1991

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