Cases & Deals

Potash Corporation obtains dismissal of suit alleging retaliatory discharge in violation of Sarbanes-Oxley Act

Clients Potash Corporation of Saskatchewan, Inc.

Jones Day represented Potash Corporation of Saskatchewan, Inc. in a retaliatory discharge lawsuit. The plaintiff was terminated from her job as in-house counsel for PotashCorp. She brought suit pursuant to the Sarbanes-Oxley Act, alleging that she was retaliated against for engaging in protected activity under the Act. Jones Day obtained a dismissal of the charge before the Occupational Health and Safety Administration. The plaintiff then brought suit in the United States District Court for the Northern District of Illinois. Jones Day immediately moved to dismiss the complaint on the grounds that plaintiff did not state a claim for relief because, inter alia, she had not engaged in protected activity under the Act. The Court agreed, granting our motion to dismiss. Although Plaintiff thereafter appealed the decision, she subsequently voluntarily dismissed her appeal. Jones Day also brought proceedings in state court to secure the return of a hard drive that PotashCorp alleged had been impermissibly been taken by plaintiff prior to the termination of her employment.

Bishop v. PCS Administration (USA), Inc., et al., Case No. 05-5683 (N.D. Ill. May 23, 2006)

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