California Employment Law Update

Category Archives: FCA

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Anti-Retaliation Provisions of Sarbanes-Oxley Act Apply Even If No Disclosure To SEC

Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017) Paul Somers, who was formerly employed as a vice president of Digital Realty, alleged that he was fired after he made several reports to senior management regarding possible securities law violations. Somers did not report his concerns to the SEC. Somers sued Digital … Continue Reading

Employee’s Qui Tam Fraud Claims Should Not Have Been Dismissed

United States ex rel. Mateski v. Raytheon, 816 F.3d 565 (9th Cir. 2016) Steven Mateski worked as an engineer at Raytheon. Mateski filed a complaint in federal court alleging that Raytheon had violated the False Claims Act (“FCA”) by failing to comply with numerous contractual requirements in developing a project for the government, fraudulently covering … Continue Reading

Former Employees Could Proceed With Whistleblower Cases Under False Claims Act

United States ex rel. Hartpence v. Kinetic Concepts, Inc., 792 F.3d 1121 (9th Cir. 2015) (en banc) Steven Hartpence and Geraldine Godecke (“Relators”) alleged in these consolidated qui tam cases that their former employer (Kinetic) had fraudulently claimed reimbursements from Medicare. After the allegations of Medicare fraud were publicly disclosed, Relators each informed the government … Continue Reading

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading

Former Lockheed Engineer May Proceed With False Claims Act Lawsuit

Hooper v. Lockheed Martin Corp., 2012 WL 3124970 (9th Cir. 2012) Nyle J. Hooper brought suit against Lockheed Martin under the qui tam provisions of the False Claims Act (the “FCA”). Hooper filed suit in the District Court for the District of Maryland, which transferred the suit at Lockheed’s request to the Central District of … Continue Reading
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