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CORSELLO v. LINCARE, INC.

No. 01-11968.

276 F.3d 1229 (2001)

Kirk S. CORSELLO, Plaintiff-Appellant, v. LINCARE, INC., Lincare Holdings, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 20, 2001.

Attorney(s) appearing for the Case

Mike Bothwell, Roswell, GA, Scott A. Powell, Don McKenna, Hare, Wynn, Newell Newton, Birmingham, AL, James B. Helmer, Frederick M. Morgan, Jr., Helmer, Martins & Morgan Co., LPA, Cincinnatti, OH, for Plaintiff-Appellant.

James P. Kelly, Kelly Law Firm, P.C., John E. Floyd, H. Lamar Mixson, Lynn M. Adam, Bondurant, Mixson & Elmore, LLP, John G. Malcolm, Atlanta, GA, Robert L. Harding, Orlando, FL, Martha Purcell Rogers, Harold Glenn Belkowitz, Ober, Kaler, Grimes & Shriver, Washington, DC, for Defendants-Appellees.

Daniel Alexander Caldwell, III, Atlanta, GA, for Amicus Curiae U.S.

Before EDMONDSON, DUBINA and COX, Circuit Judges.

PER CURIAM:

In this qui tam action, Kirk S. Corsello alleges that several defendants presented false claims to the United States government in violation of 31 U.S.C. § 3729(a)(1)-(3) and terminated his employment in violation of 31 U.S.C. § 3730(h). The district court dismissed Corsello's complaint with prejudice as to all of the defendants but Rotech, Inc., which had previously filed a notice of bankruptcy resulting in an automatic stay pursuant...

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