United States Third Circuit

In a qui tam action under the False Claims Act involving, inter alia, alleged false Medicare claims and invoices, an order denying reconsideration of summary judgment for defendants and denying an alternate remedy pursuant to 31 U.S.C. section 3730(c)(5) is affirmed where: 1) the district court properly found that plaintiff did not present sufficient evidence for a reasonable jury to conclude that defendants' conduct satisfied the FCA's scienter requirement; 2) there was no evidence that plaintiff's employer knew that he was acting in furtherance of an FCA claim when it fired him, for purposes of a retaliation claim; and 3) the district court properly rejected a claim to a share of money repaid by defendant to the government. A relator is not entitled to a share in the proceeds of an alternate remedy when the relator's qui tam action under section 3729 is invalid.

Appellate Information

• Argued 06/04/2007
• Decided 07/17/2007
• Published 07/17/2007

Judges

• Before:  SMITH and COWEN, and SILER , Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Victor A. Kubli, Esq. (Argued), Grayson & Kubli, McLean, VA, for Appellant.


• For Appellees:
  
• Stuart A. Minkowitz, Esq., Office of the United States Attorney, Newark, NJ, Michael E. Robinson, Esq., United States Department of Justice, Civil Division, Appellate Staff, Eric J. Feigin, Esq. (Argued), United States Department of Justice, Civil Division, Washington, DC, for Appellee United States of America, ex rel., John Z. Jackson, Esq. (Argued), Kalison, McBride, Jackson & Murphy, Floor Warren, NJ, for Appellee Hackensack Medical Center., Joseph M. Gorrell, Esq. (Argued), Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer, Gladstone, Roseland, NJ, for Appellee Center for Infectious Diseases, P.A., John H. Schmidt, Jr., Esq. (Argued), Lindabury, McCormick, Estabrook & Cooper, Westfield, NJ, for Appellee North Jersey Primary Care Associates, P.A.