By

Stewart Inman

24 October 2016

Seventh Circuit Rejects False Claims Act and Retaliation Claims Premised on Purported Contractual Violations

In United States ex rel. Uhlig v. Fluor Corp., et al., No. 14-2815 (7th Cir. Oct. 11, 2016), the Seventh Circuit affirmed the grant of summary judgment in favor of Fluor Corporation (“Fluor”) in an FCA action premised on alleged contract violations and whistleblower retaliation.  The decision sets a relatively high bar for proving the existence of “protected” whistleblower activity and is particularly helpful for defendants seeking to defeat retaliation claims under the FCA.

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05 July 2016

D.C. Circuit Affirms Expansive Reading Of Public Disclosure Bar

In a recent opinion by Judge Wilkins, the D.C. Circuit affirmed the dismissal of a qui tam action against Phillip Morris, United States ex rel Oliver v. Phillip Morris USA, Inc., No. 15-7049 (D.C. Cir. June 21, 2016), with two key holdings that will help FCA defendants in future cases.  Specifically, the Court adopted an expansive reading of the FCA’s public disclosure bar and a stringent “original source” requirement.

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