OBERG v. PENNSYLVANIA HIGHER EDUC. ASSIS. AGENCY

No. 12-2513.

745 F.3d 131 (2014)

UNITED STATES ex rel. Jon H. OBERG, Plaintiff-Appellant, v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY; Vermont Student Assistance Corporation; Arkansas Student Loan Authority, Defendants-Appellees, and Nelnet, Inc.; SLM Corporation; Panhandle Plains Higher Education Authority; Brazos Group; Education Loans Inc/SD; Southwest Student Services Corporation; Brazos Higher Education Service Corporation; Brazos Higher Education Authority, Inc.; Nelnet Education Loan Funding, Inc.; Panhandle-Plains Management and Servicing Corporation; Student Loan Finance Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 13, 2014.


Attorney(s) appearing for the Case

ARGUED: Bert Walter Rein , Wiley Rein, LLP, Washington, D.C., for Appellant. Daniel B. Huyett , Stevens & Lee, Reading, Pennsylvania; John Stone West , Troutman Sanders, LLP, Richmond, Virginia; N. Thomas Connally, III , Hogan Lovells U.S. LLP, McLean, Virginia, for Appellees. ON BRIEF: Michael L. Sturm , Christopher M. Mills , Brendan J. Morrissey , Wiley Rein, LLP, Washington, D.C., for Appellant. Thomas L. Appler , Wilson Elser Moskowitz Edelman & Dicker LLP, McLean, Virginia, for Appellee Kentucky Higher Education Student Loan Corporation. Megan C. Rahman , Troutman Sanders LLP, Richmond, Virginia, for Appellee Vermont Student Assistance Corporation. Thomas M. Trucksess , Hogan Lovells U.S. LLP, McLean, Virginia; Dustin McDaniel , Arkansas Attorney General, Dennis R. Hansen , Deputy Attorney General, Mark N. Ohrenberger , Assistant Attorney General, Office of the Arkansas Attorney General, Little Rock, Arkansas, for Appellee Arkansas Student Loan Authority. Neil C. Schur , Stevens & Lee, P.C., Philadelphia, Pennsylvania; Jill M. DeGraffenreid , McLean, Virginia, Joseph P. Esposito , Hunton & Williams LLP, Washington, D.C., for Appellee Pennsylvania Higher Education Assistance Agency.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KEENAN joined. Chief Judge TRAXLER Wrote a separate opinion concurring in the judgment in part and dissenting in part.


DIANA GRIBBON MOTZ, Circuit Judge:

This appeal returns to us after remand to the district court. Dr. Jon Oberg, as relator for the United States, brought this action against certain student loan corporations, alleging that they defrauded the Department of Education and so violated the False Claims Act ("FCA" or "the Act"), 31 U.S.C. §§ 3729 et seq. (2006). The district court initially dismissed the complaint in its entirety. When Dr. Oberg appealed...

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