U.S. EX REL. UBL v. IIF DATA SOLUTIONS

No. 09-2280.

650 F.3d 445 (2011)

UNITED STATES of America ex rel. Thomas M. UBL, Plaintiff-Appellant, v. IIF DATA SOLUTIONS; Charles Patten, Sr., Defendants-Appellees, and United States General Services Administration, Party-in-Interest. Project on Government Oversight, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2011.


Attorney(s) appearing for the Case

ARGUED: Victor Aronoff Kubli , Kubli & Associates, PC, Vienna, Virginia, for Appellant. James Joseph Duane , Regent University School of Law, Virginia Beach, Virginia, for Appellees. ON BRIEF: Michael S. Lieberman , Stephen Stine , Dimuroginsberg, PC, Alexandria, Virginia, for Appellant. Christopher I. Kachouroff , Dominion Law Center, PC, Lake Ridge, Virginia; Jason N. Workmaster , McKenna, Long & Aldridge, LLP, Washington, D.C.; Robert J. Cynkar , Cuneo, Gilbert & Laduca, LLP, Alexandria, Virginia, for Appellees. Richard R. Renner , Kohn, Kohn & Colapinto, LLP, Washington, D.C., for Amicus Supporting Appellant.

Affirmed in part; reversed in part by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.


OPINION

TRAXLER, Chief Judge:

Thomas Ubl brought an action under the False Claims Act ("FCA") against his former employer, IIF Data Solutions, Inc., and Charles Patten, Sr., IIF's vice-president (referred to together as "IIF"). Ubl and IIF reached an agreement to settle the action for almost nine million dollars, contingent on approval by the government. The government did not approve the agreement, the case eventually...

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