Judge Jonathan Grey of the Eastern District of Michigan granted motions to dismiss filed by Light & Wonder entities, finding that Amormino’s complaint lacked sufficient evidence to support his claims under Michigan’s Whistleblower Protection Act and public policy law.

The case centres on allegations that Amormino, who served as head of casino studio for North America from May 2022, was pressured by vice president of operations Dror Damchinsky to alter financial documents in July 2024.

Amormino claimed he refused these requests because he believed they violated the Sarbanes-Oxley Act, which includes provisions protecting employees from retaliation, and reported his concerns to company officials before filing a complaint with federal workplace safety regulators.

A Light & Wonder spokesperson said at the time: “Light & Wonder disputes the allegations made by Mr. Amormino in his lawsuit and is actively defending itself through the legal process.”

However, Judge Grey found critical flaws in Amormino’s legal arguments.

On the whistleblower claim, the court ruled that Amormino had not provided facts showing that Light & Wonder knew about his complaint to the US work safety body OSHA before terminating him, making it impossible to prove the required causal connection between his protected activity and his dismissal.

The judge noted that while Amormino was placed on administrative leave the same day he filed his OSHA complaint and terminated four days later, temporal proximity alone was insufficient without evidence that the company had notice of his report.

Judge rules Sarbanes-Oxley protections adequate

The court dismissed with prejudice Amormino’s public policy claim, ruling that it was preempted by the Sarbanes-Oxley Act’s own anti-retaliation provisions.

Judge Grey found that, unlike other workplace safety statutes, Sarbanes-Oxley provides adequate remedies for employees, including the ability to file federal court lawsuits if regulators do not act within 180 days.

The ruling also addressed whether OSHA qualifies as a “law enforcement agency” under Michigan’s whistleblower law, with Judge Grey concluding it does based on the agency’s investigative and enforcement powers.

Amormino’s claims against Light & Wonder’s parent company entities were also dismissed, with the court finding he had not adequately pleaded facts showing they were joint employers with sufficient control over his employment.

The judge granted dismissal without prejudice on the main whistleblower claim, giving Amormino 21 days to file a motion to amend his complaint or face dismissal of the entire case.

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