United States Fourth Circuit

In an action raising claims under the False Claims Act (FCA), summary judgment for defendants after the district court found that it did not have subject matter jurisdiction over the claims, as well as denial of defendant's requests for attorneys' fees, is vacated and remanded where: 1) only federal administrative reports, audits or investigations qualify as public disclosures under the FCA; 2) the reports were not public disclosures within the meaning of the FCA since they were produced by the state; 3) the existence of an administrative investigation or report in not enough to trigger the jurisdictional bar unless it amounts to a public disclosure which is in fact publicly disclosed; 4) the court made no findings of fact as to whether the USDA investigation or report was publicly disclosed or whether plaintiff's claims derived from said report or investigation; and 5) the court should not have rejected plaintiff's claims on the merits after concluding it lacked subject matter jurisdiction.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Mark Tucker Hurt, Abingdon, Virginia, for United States of America ex rel. Karen T. Wilson.  Christopher G. Browning, Jr., Solicitor General, North Carolina Department of Justice, Raleigh, North Carolina;  Zeyland G. McKinney, Jr., Robbinsville, North Carolina, for Graham County Soil & Water Conservation District, Cherokee County Soil & Water Conservation District, Richard Greene, in his individual capacity, William Timpson, in his individual capacity, Keith Orr, in his individual and official capacities, Raymond Williams, in his individual capacity, Dale Wiggins, in his individual capacity, Gerald Phillips, in his individual capacity, Allen Dehart, in his individual capacity, Lloyd Millsaps, Jerry Williams, in his individual capacity, Billy Brown, in his individual capacity, Lynn Cody, in his individual capacity, Bill Tipton, C.B. Newton, in his individual capacity, Eddie Wood, in his individual capacity, Graham County.   ON BRIEF:  Roy Cooper, Attorney General, Raleigh, North Carolina, for Graham County Soil & Water Conservation District, Gerald Phillips, Allen Dehart, Lloyd Millsaps, Cherokee County Soil & Water Conservation District, Bill Tipton, C.B. Newton and Eddie Wood;  Sean F. Perrin, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Graham County, Raymond Williams, Dale Wiggins and Lynn Cody;  Roy Patton, Canton, North Carolina, for Richard Greene and Billy Brown.