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U.S. EX REL. SUMMERS v. LHC GROUP, INC.

No. 09-5883.

623 F.3d 287 (2010)

UNITED STATES of America ex rel., Plaintiff-Appellee, Sally Christine SUMMERS, Plaintiff-Appellant, v. LHC GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2010.

Attorney(s) appearing for the Case

ARGUED: Phillip L. Davidson , Nashville, Tennessee, for Appellant. William H. Jordan , Alston & Bird, LLP, Atlanta, Georgia, Ellen Bowden McIntyre , Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Phillip L. Davidson , Nashville, Tennessee, for Appellant. William H. Jordan , Lisa Barry Frist , Alston & Bird, LLP, Atlanta, Georgia, Ellen Bowden McIntyre , Assistant United States Attorney, Nashville, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. KEITH, J. (pp. 299-301), delivered a separate opinion concurring in the result.

OPINION

BOGGS, Circuit Judge.

Appellant Sally Summers ("Summers") appeals an order of the district court denying her motion under Federal Rule of Civil Procedure 59(e) to alter an earlier judgment dismissing with prejudice the claims that she had brought pursuant to the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq. Summers argues that the district court applied an improper legal standard by holding...

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