Marc Wiersum v. U.S. Bank, N.A., 785 F.3d 483

Wiersum, Florida resident, was hired by U.S. Bank, N.A. as VP and Wealth Management Consultant in Naples (Mar. 15, 2013).
He alleges he witnessed improper activity (unlawful tying) and objected, then was terminated May 31, 2013, in retaliation.
He filed a single-count Florida Whistleblower Act action in SD Fla. under diversity jurisdiction.
U.S. Bank moved to dismiss for federal preemption under the National Bank Act (NBA) § 24 (Fifth), arguing the NBA allows dismissal of officers at pleasure.
District court held FWA preempted by NBA conflict; Wiersum appealed the dismissal with prejudice.
This is a first-impression conflict-preemption question in the Eleventh Circuit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the NBA at-pleasure provision preempt the FWA claim	Wiersum argues conflict preemption; at-pleasure precludes FWA protection	Bank argues NBA § 24 (Fifth) preempts state wrongful-discharge claims	Yes, NBA at-pleasure preempts FWA wrongful-discharge claim

Barnett Bank of Marion Cnty., N.A. v. Nelson, 517 U.S. 25 (1996) (Supremacy Clause; conflicts preemption framework)
Cipollone v. Liggett Grp., Inc., 505 U.S. 504 (1992) (text controls; avoid rewriting statutes)
Andrews v. Fed. Home Loan Bank of Atlanta, 998 F.2d 214 (4th Cir. 1993) (preemption through NBA discretion to discharge)
Schweikert v. Bank of Am., N.A., 521 F.3d 285 (4th Cir. 2008) (confirms NBA preempts state wrongful-discharge claims)
Stockwell, Citizens Nat'l Bank & Trust Co. v. Stockwell, 675 So.2d 584 (Fla. 1996) (Florida Supreme Court on severance vs. at-pleasure)
Mackey v. Pioneer Nat’l Bank, 867 F.2d 520 (9th Cir. 1989) (NBA preempts employment relations with banks)
Wiskotoni v. Mich. Nat’l Bank-West, 716 F.2d 378 (6th Cir. 1983) (NBA preempts state employment relations)
Ana Leon T. v. Fed. Reserve Bank of Chi, 823 F.2d 928 (6th Cir. 1987) (preemption in F.R. context)