United States Eighth Circuit

Dismissal of plaintiff's qui tam action is affirmed where there was insufficient evidence of fraud, however, summary judgment on plaintiff's retaliation claim under the Federal Whistleblower statute is reversed where she presented sufficient evidence to show she was engaged in protected activity and that defendant knew of such activity.

Appellate Information

• Decided 12/03/2004
• Published 12/03/2004

Judges

• SMITH, Circuit Judge., Before RILEY, LAY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Laurence D. Mass, argued, St. Louis, MO (Susan J. Wirthlin, on the brief), for appellant., Amicus Curiae briefs in support of appellants were filed by Taxpayers Against Fraud by Regina D. Poserina, Upper Darby, PA, and the False Claims Act Legal Center by James Moorman, Amy Wilken and Bret Boyce, Washington, DC, Amicus Curiae brief in support of appellants was also filed by National Employment Lawyers Association by Elizabeth A. Glidden, Minneapolis, MN, Ann Lugbill, Cincinnati, OH, Angie Dalfen, San Francisco, CA.


• For Appellees:
  
• Robert T. Haar, argued, (Monica J. Allen, on the brief), Haar & Woods, LLP, St. Louis, MO, for appellee.