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U.S. EX REL. LONGHI v. U.S.

Nos. 08-20194, 08-20306.

575 F.3d 458 (2009)

UNITED STATES of America, ex rel. Alfred J. LONGHI, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Intervenor-Appellee, v. Lithium Power Technologies, Inc.; Mohammed Zafar A. Munshi, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 9, 2009.

Attorney(s) appearing for the Case

Nicholas John Bagley (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, Andrew A. Bobb, Asst. U.S. Atty., Houston, TX, for U.S.

Mitchell Reed Kreindler, Kreindler & Associates, Houston, TX, for Longhi.

David Charles Holmes (argued), Solomon Law Firm, Houston, TX, for Lithium Power Technologies, Inc., Munshi.

Timothy J. Hatch, Douglas R. Cox, Amiri Cameron Tayrani, Gibson Dunn & Crutcher, LLP, Washington, DC, for Amicus Curiae.

Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In 2002, Alfred J. Longhi, Jr. ("Longhi"), a former employee of Lithium Power Technologies, Inc. ("Lithium Power"), filed a qui tam suit under the False Claims Act ("FCA"), 31 U.S.C. § 3729, against Lithium Power and its president, Mohammed Zafar A. Munshi (jointly, "the Defendants"). In 2005, the United States of America intervened in the suit. Longhi and the United States of America (jointly, "the Government") alleged...

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