SAN FRANCISCO An appellate court has thrown out a $3.8 million whistleblower judgment against Bank of America, saying there was no evidence the company dumped a Countrywide executive because he had refused to play ball with Moody’s auditors.
"Although a jury verdict is entitled to broad deference, Winston’s evidence was insufficient to establish Bank of America declined to offer him a job based on impermissible motives," Justice Dennis Perluss wrote for a unanimous Second District Court of Appeal panel in an unpublished opinion, Winston v. Countrywide Financial.
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