Legal Opinion · Dissent

John Scott Bechtel, United States Department of Labor, Intervenor-Plaintiff-Appellee v. Competitive Technologies, Inc., Docket No. 05-2404-Cv

Court of Appeals for the Second Circuit

Decided May 1, 2006No. 469Published

1DissentStraub, Circuit Judge

The questions before us are (1) whether, under the whistleblower provisions of the Sarbanes-Oxley Act of 2002, when the Department of Labor (“Department”) finds sufficient cause to order that an employee be reinstated but the employer flouts this order, we have jurisdiction to enforce the order; and, if so, (2) whether, in this case, the procedure followed by the Department in finding sufficient cause and ordering reinstatement constituted due process. The District Court answered *484both questions in the affirmative, and ordered Competitive Technologies, Inc. (“CTI”) to reinstate Bechtel…

2Cases cited6 opinions

  1. United States v. Mead Corp.Supreme Court of the United States · 2001
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Brock v. Roadway Express, Inc.Supreme Court of the United States · 1987
  4. Torres-Rosado v. Rotger-SabatCourt of Appeals for the First Circuit · 2003
  5. Lynn Martin, Secretary of U.S. Department of Labor, Robert C. Spinner v. Yellow Freight System, Inc.Court of Appeals for the Second Circuit · 1993

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