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MANN v. HECKLER & KOCH DEFENSE, INC.

No. 09-1847.

630 F.3d 338 (2010)

Jason MANN, Plaintiff-Appellant, v. HECKLER & KOCH DEFENSE, INCORPORATED, Defendant-Appellee, and Heckler & Koch GMBH, Defendant. Metropolitan Washington Employment Lawyers Association; National Whistleblowers Center, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Jason Mark Zuckerman , The Employment Law Group, PC, Washington, D.C., for Appellant. C. Allen Foster , Greenberg Traurig, LLP, Washington, D.C., for Appellee. ON BRIEF: R. Scott Oswald , The Employment Law Group, PC, Washington, D.C., for Appellant. Robert P. Charrow , Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Appellee. Richard R. Renner , National Whistleblower Legal Defense and Education Fund, Washington, D.C., for Amici Supporting Appellant.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Senior Judge BALDOCK joined.

OPINION

WILKINSON, Circuit Judge:

Jason Mann brought a False Claims Act ("FCA") retaliation action against Heckler & Koch Defense, Inc. ("HKD"). He argued that HKD took adverse employment action against him because he investigated and opposed HKD's attempts to defraud the United States. But Mann's actions fall outside the scope of FCA protection. The FCA shields employees from retaliation when they oppose fraud. And the conduct Mann opposed involved...

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