Wendy Cunning v. Skye Bioscience, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 22 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WENDY CUNNING, No. 23-55248

Plaintiff-Appellee, D.C. No. 8:21-CV-00710-DOC-

KES

v.

SKYE BIOSCIENCE, INC., MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted September 12, 2024 San Francisco, California

Before: BYBEE, BEA, and MENDOZA, Circuit Judges. Partial Concurrence and Partial Dissent by Judge BYBEE.

Defendant-Appellant Skye Bioscience, Inc. (Skye) appeals the district court’s

order that denied its renewed motion for judgment as a matter of law and its motion

for a new trial on Plaintiff-Appellant Wendy Cunning’s claims for retaliatory

termination under the Sarbanes Oxley Act, 18 U.S.C. § 1514A (SOX), and the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. California Whistleblower Protection Act, Cal. Labor…