United States DC Circuit

In action under False Claims Act alleging that appellee failed to report to the FDA that it had mishandled blood supplies, and discharged appellant in retaliation for investigating and complaining about the mishandled blood, dismissal of claims is affirmed where: 1) the district court correctly deferred to the government's virtually "unfettered" discretion to dismiss the qui tam claim; and 2)appellant's investigation and complaints about the blood handling and reporting were not "in furtherance of" an FCA action as required by 31 U.S.C. section 3730(h) as the reverse false claim did not allege that appellee had any "obligation to pay or transmit money or property to the Government" as 31 U.S.C. section 3729(a)(7) requires.

Appellate Information

• Argued 11/05/2007
• Decided 03/04/2008
• Published 03/04/2008

Judges

• Before:  HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• H. Vincent McKnight, Jr. argued the cause for the appellant.


• For Appellees:
  
• Tracy L. Hilmer, Attorney, United States Department of Justice, argued the cause for appellee United States of America.  Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, United States Attorney, Douglas N. Letter, Appellate Litigation Counsel, and Michael D. Granston and Daniel R. Anderson, Attorneys, United States Department of Justice, were on brief.   R. Craig Lawrence, Assistant United States Attorney, entered an appearance., John R. Fleder argued the cause for appellee American National Red Cross.