Bio-Rad Laboratories Inc. has asked an appeals court to dismiss one claim and subtract about $2.6 million from the $11 million trial verdict awarded last year to its fired general counsel Sanford “Sandy” Wadler.

Kathleen Sullivan of the New York office of Quinn Emanuel Urquhart & Sullivan filed the memo Monday with the U.S. Court of Appeals for the Ninth Circuit. Sullivan declined to comment, but her memo cited a recent Supreme Court ruling in Digital Realty Trust v. Somers.

Tim Ernst, executive vice president and general counsel at Bio-Rad, said, “Bio-Rad is gratified that the Supreme Court's decision in Digital Realty Trust eliminates any basis for nearly $3 million of the lower court's judgment, and looks forward to presenting its arguments for reversing the remainder of the judgment.”