4th Circ. Weighs In On Scope Of FCA-Protected Conduct

Law360 (March 1, 2019, 2:29 PM EST) -- On Dec. 26, 2018, the U.S. Court of Appeals for the Fourth Circuit revived whistleblower David Grant's False Claims Act retaliation claim against his former employer United Airlines because the lower court applied the wrong standard. The court reasoned that the 2010 amendments to the FCA broadened the scope of protected conduct.

The key issue in this case, United States ex rel. Grant v. United Airlines Inc.,[1] was whether Grant's complaints to United that various employees had failed to properly perform repairs on a U.S. Air Force fleet of military transport airplanes, in violation of binding regulations, met the FCA's post-amendments...

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