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U.S. EX REL. MARLAR v. BWXT Y-12, L.L.C.

No. 07-6051.

525 F.3d 439 (2008)

UNITED STATES of America, ex rel. Claudia MARLAR; and Claudia Marlar, Plaintiffs-Appellants, v. BWXT Y-12, L.L.C., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 13, 2008.

Attorney(s) appearing for the Case

ARGUED: Leonard Egan, Washington, D.C., for Appellants. Glenn V. Whitaker, Vorys, Sater, Seymour & Pease, LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Leonard Egan, Washington, D.C., Ronald J. Zuker, Vaughan & Zuker, Knoxville, Tennessee, Stephen R. Felson, Cincinnati, Ohio, for Appellants. Glenn V. Whitaker, Michael J. Bronson, Victor A. Walton, Jr., Vorys, Sater, Seymour & Pease, LLP, Cincinnati, Ohio, Kenneth M. Brown, BWXT Y-12, Oak Ridge, Tennessee, John C. Burgin, Jr., Kramer Rayson, LLP, Knoxville, Tennessee, for Appellee.

Before: KENNEDY and MARTIN, Circuit Judges; HOOD, District Judge.

OPINION

KENNEDY, Circuit Judge.

Ms. Claudia Marlar filed this action against her former employer, BWXT Y-12, L.L.C. ("BWXT"), alleging that it had violated the False Claims Act ("FCA") by defrauding the United States government, in violation of 31 U.S.C. § 3729(a)(1)-(3), and by discharging her in retaliation for whistleblowing, in violation of 31 U.S.C. § 3730(h). The district court held that Ms. Marlar's claim of fraud was not pleaded with specificity...

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