Whistleblower retaliation protection
Digital Realty Trust v. Somers
In brief
The Supreme Court overturned the Ninth Circuit’s judgment and sent Somers’s case back to that court.
- Where it stands
- Decided
Decided 9-0 · February 21, 2018 · Opinion by Justice Ginsburg
- What it’s about
- Paul Somers alleged that Digital Realty Trust fired him after he reported possible securities-law violations to company managers, but he had not reported them to the SEC.
- Who it affects
- The Ninth Circuit must take up Somers’s case again after its earlier judgment was overturned.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that Dodd-Frank’s anti-retaliation protection covers only people who report alleged violations to the SEC, overturned the Ninth Circuit’s ruling, and sent the case back to the lower court (remanded).
Paul Somers alleged that Digital Realty Trust fired him after he reported possible securities-law violations to company managers. He had not reported them to the SEC.
The dispute concerned protection from workplace retaliation for reporting possible securities-law violations under Dodd-Frank.
Question presented
Whether the anti-retaliation provision for ''whistle- blowers" in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 extends to individuals who have not reported alleged misconduct to the Securities and Exchange Commission and thus fall outside the Act's definition of a ''whistleblower."?
What the Court decided
Holding
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito and Gorsuch, JJ., joined.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 6joined the Court's opinion
What's next
The case returns to the Ninth Circuit for further proceedings.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Somers
Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.