Background
Lynsey Ann Porter sued Blue Ridge Bankshares, Inc., doing business as Blue Ridge Bank, and G. William Beale in the U.S. District Court for the Eastern District of Virginia. Her complaint asserted whistleblower retaliation under Virginia Code Annotated § 40.1-27.3 and wrongful termination under Bowman v. State Bank of Keysville.
The district court granted the defendants’ motion to dismiss and denied Porter’s motion for leave to amend. Porter appealed both rulings to the Fourth Circuit.
The Court’s Holding
In an unpublished per curiam opinion, the Fourth Circuit found no reversible error and agreed with the district court that Porter failed to allege facts stating a claim upon which relief could be granted.
The court affirmed the district court’s order with one modification: the judgment must reflect that Porter’s § 40.1-27.3 whistleblower-retaliation claim was dismissed with prejudice. The panel decided the appeal without oral argument.
Key Takeaways
- Porter’s allegations did not state a viable claim for statutory whistleblower retaliation or wrongful termination under Bowman.
- The Fourth Circuit affirmed the dismissal and the denial of leave to amend.
- The appellate court modified the judgment to specify that dismissal of the § 40.1-27.3 claim was with prejudice.
Why It Matters
The decision leaves Porter unable to replead her Virginia statutory whistleblower-retaliation claim in this action and preserves the dismissal of her Bowman wrongful-termination claim. Because the per curiam opinion is unpublished, it is not binding precedent in the Fourth Circuit.