United States Fourth Circuit

In a qui tam action brought under the False Claims Act, denial of a motion for leave to file an amended complaint and a decision to stay employment claims pending arbitration are affirmed where: 1) a form submitted to the government does not meet the requirements of an objective falsehood under the FCA since it is based on the interpretation of a contract clause; 2) there was no fraudulent inducement since the form submitted to the government was not key in inducing the government to award work to defendant; 3) a third amended complaint failed to plead with the particularity required by the Federal Rules of Civil Procedure; 4) relator's claims of retaliatory termination fell within the arbitration clause of their employment contract; 5) the FCA allows for arbitration of termination claims; and 6) the arbitration agreements were enforceable under Texas law.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• Before WILLIAMS, Chief Judge, WILKINSON, Circuit Judge, and IRENE M. KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew Grosso, Andrew Grosso & Associates, Washington, D.C., for Appellant.  John Martin Faust, Vinson & Elkins, L.L.P., Washington, D.C., for Appellees.   ON BRIEF:  Victor Kubli, Grayson & Kubli, P.C., McLean, Virginia, for Appellant.  Vanessa M. Griffith, Vinson & Elkins, L.L.P., Dallas, Texas;  Alden L. Atkins, Tirzah S. Fitzkee, Vinson & Elkins, L.L.P., Washington, D.C., for Appellees.