Third Circuit court vacated the decision by the Eastern PA district court based on the Dodd-Frank provision and has remanded the case back to the court. In English for those of us not ‘in the lingo’ of the courts, here you go…’ the appeals court finds that the lower court did not correctly apply the law to the facts of the case, or if the appeals court responds to a question of law that has not yet been settled, the court may “vacate” or “reverse” the trial court’s decision. Often, an appeals court will “reverse and remand” a decision. In both cases, the appeals court is sending the case back to the trial court to be dealt with according to the explanation of the law laid out in the appeals court’s written opinion. ‘
The Dodd-Frank Act expressly prohibits retaliation by employers against whistleblowers and provides them with a private cause of action in the event that they are discharged or discriminated against by their employers in violation of the Act.
Here is the Court’s opinion, you may click to read, Third Circuit opinion David Danon…..