· 1/4/2002
Michael P. Moore v. California Institute of Technology Jet Propulsion Laboratory
Citations
- 275 F.3d 838
- 18 I.E.R. Cas. (BNA) 1209
- 2002 Cal. Daily Op. Serv. 82
- 2002 Daily Journal DAR 103
- 2002 U.S. App. LEXIS 68
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff bringing an FCA retaliation claim must show actual or potential actions by the employer that “reasonably could lead to a viable FCA action”
- finding “[t]he False Claims Act is 24 aimed at fraud by government contractors” and applying the same elements as 10 U.S.C.A 25 § 2409 claims
- defining protected activity as where an employee in good 5 faith and reasonably believes, “that the employer is possibly committing fraud against the 6 government”
- reporting laboratory's lies used to increase government compensation for project's early completion is protected activity
- determining that there was a genuine issue of material fact regarding whether plaintiff engaged in protected activity because a reasonable jury could conclude that plaintiffs employer had lied to the outside expert in order to increase the amount of compensation it would receive from NASA
- agreeing with the proposition that “behavior does not constitute retaliation under the [FCA] . . . unless it would be sufficient to constitute an adverse employment action under Title VII”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Reinhardt, Silverman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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