May 21, 2022

Volume XII, Number 141

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May 20, 2022

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May 19, 2022

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No “Pleasure” for Florida Whistleblower

Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts state wrongful discharge claims.  In its May 5, 2015, decision, the majority concluded that the NBA’s language empowering banks to “dismiss . . . officers or any of them at pleasure” conflicted with the Florida Whistleblower Act (“FWA”) prohibiting retaliatory discharge and, therefore, affirmed the district court’s dismissal of a claim under the FWA on federal preemption grounds. Wiersum v. U.S. Bank, N.A., No. 14-12289 (11th Cir. May 5, 2015).

© 2022 Proskauer Rose LLP. National Law Review, Volume V, Number 126
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About this Author

Allan H Weitzman, Proskauer Rose Law Firm, Labor Employment Attorney
Partner

Allan H. Weitzman, named by Best Lawyers as “Lawyer of the Year 2013” in Employment Law – Management in the Miami area, is a Partner in the Labor &  Employment Law Department and head of the labor and employment team in the Boca Raton office. He also is co-head of the Employment Law Counseling & Training, Non-Compete & Trade Secrets and Accessibility & Accommodations Groups, as well as a member of the International Labor & Employment Group.

561-995-4760
Jurate Schwartz, Whistleblower Attorney, Proskauer Rose Law Firm
Special Employment Law Counsel

Jurate Schwartz is an Associate in the Labor & Employment Law Department, who devotes her practice to representing employers in federal and state litigations, arbitrations and administrative proceedings, as well as counseling clients in employment matters.

561-995-4732
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