Last month, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgement against an employee-whistleblower who had claimed that her former employer retaliated against her in violation of the False Claims Act’s...more
A recent Sixth Circuit opinion continues to “snuff [ ] out parasitic suits” brought under the False Claims Act (“FCA”) through the public-disclosure bar. In U.S. ex rel. Holloway v. Heartland Hospice, Inc. (June 3, 2020...more
A whistleblower was recently denied any portion of the Government’s recovery in a False Claims case despite the Government obtaining a settlement of approximately $322 million. The decision arose in the case of United States...more
On January 8, 2015, the Fourth Circuit determined that, amid a circuit split, the “implied certification” theory of liability under the False Claims Act (“FCA”) was viable in the Fourth Circuit. United States v. Triple...more
7/19/2015
/ Anti-Retaliation Provisions ,
False Claims Act (FCA) ,
Fraud ,
FRCP 9(b) ,
Implied Certification ,
Pleading Standards ,
Protected Activity ,
Scienter ,
Split of Authority ,
Whistleblowers ,
Wrongful Termination
Does the False Claims Act’s antiretaliation provision, 31 U.S.C. § 3730(h)(1), apply to an “employer that fire[s] an employee after discovering that the employee was a whistleblower and relator in an ongoing qui tam action...more
Although a Federal district court refrained from providing a definitive answer to this question, it appears unlikely given the court’s holding and reasoning in United States v. U.S. Bank, N.A., No. 3:13-cv-704, 2015 WL...more