HUTCHINS v. WILENTZ, GOLDMAN & SPITZER

Nos. 98-6248 & 98-6339.

253 F.3d 176 (2001)

Charles T. HUTCHINS, v. WILENTZ, GOLDMAN & SPITZER; Louis DeLucia; John Does "1" through John Does "3"; Joan Lavery. Charles T. Hutchins, v. ABC Corp., Sealed. Charles T. Hutchins, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 13, 2001.

Amended August 16, 2001


Attorney(s) appearing for the Case

Charles T. Hutchins (Argued), 5011 Marshall Road, Farmingdale, New Jersey 07727, Appellant, Pro Se.

Marianne E. Murphy, Esquire (Argued), Tompkins, McGuire, Wachenfeld & Barry, Four Gateway Center, 100 Mulberry Street, Newark, New Jersey 07102, Attorney for Appellees, Wilentz, Goldman & Spitzer, Louis DeLucia, Joan Lavery.

Douglas Hallward-Driemeier, Esquire (Argued), Douglas N. Letter, Esquire, Michael E. Robinson, Esquire, United States Department of Justice, Civil Division, Appellate Staff, 601 D Street, N.W., Room 910 Washington, D.C. 20530, Attorneys for Amicus Curiae-Appellant, United States of America.

Before SCIRICA, McKEE and STAPLETON, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The principal issue on appeal is whether the submission of fraudulent legal bills for approval to the United States Bankruptcy Court violates the False Claims Act, 31 U.S.C. § 3729. We hold the False Claims Act only prohibits fraudulent claims that cause or would cause economic loss to the government. We also hold that a retaliatory discharge cause of action under 31 U.S.C. § 3730(h) requires proof that...

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