Fired US Bank VP Loses Appeal of Wrongful Discharge Claim

A former US Bank N.A. vice president’s wrongful discharge claim under Colorado law was properly dismissed by a federal trial judge applying claim preclusion, the Tenth Circuit said Tuesday.

“If a party could have litigated a claim in a prior lawsuit by asserting diversity jurisdiction but fails to do so, that claim is precluded if the prior lawsuit arose from the same operative facts and reached a final judgment on the merits,” Judge Timothy M. Tymkovich said for the US Court of Appeals for the Tenth Circuit.

Darren Markley blew the whistle on an alleged “sandbagging” scheme—holding an investment until ...