A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, former training director at the Sanford vaccine plant of pharmaceuticals giant Wyeth Inc.
The company fired Livingston in December 2002, three days after he threatened to have police remove an uninvited Wyeth executive from a holiday party Livingston was hosting for his staff. Employees also complained about Livingston’s abusive language and unprofessional behavior.
Livingston claimed he was fired for complaining to about the company’s inability to meet a deadline for complying with Food and Drug Administration (FDA) training requirements. The program was required after the FDA cited New Jersey-based Wyeth for deficiencies at plants in Pennsylvania and New York. Livingston argued that Wyeth misrepresented its training program in violation of federal securities law.
The court bought Wyeth’s reasons for firing Livingston. “In sum, not one link in Livingston’s imaginary chain of horribles was real or was in the process of becoming real,” Judge Paul V. Niemeyer wrote.
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