LITTLE v. SHELL EXPLORATION & PRODUCTION CO.

No. 11-20320.

690 F.3d 282 (2012)

Randall L. LITTLE, bringing this action on behalf of the United States Government; Joel F. Arnold, bringing this action on behalf of the United States Government, Plaintiffs-Appellants, v. SHELL EXPLORATION & PRODUCTION COMPANY; Shell Deepwater Development Systems, Inc.; Shell Offshore, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 31, 2012.


Attorney(s) appearing for the Case

Sean Connelly (argued), Eric Fisher , Lindsay Ann Unruh , Reilly Pozner, L.L.P., Richard C. LaFond , Law Office of Richard C. LaFond, P.C., Denver, CO, Leif Alexander Olson , Welsh & Chapoton L.L.P., Houston, TX, Michael Steven Porter, Wheat Ridge, CO, for Plaintiffs-Appellants.

Daniel Mead McClure (argued), Matthew Alexander Dekovich , Fulbright & Jaworski, L.L.P., Houston, TX, Nancy Lee Pell , Atty. Gen., Fulbright & Jaworski, L.L.P., Washington, DC, Gregory A. McKenzie , Edmond, OK, for Defendants-Appellees.

Charles Wylie Scarborough (argued), U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for United States of America, Amicus Curiae.

Before SMITH, GARZA and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

This case presents an issue of first impression for our court. Is a federal employee, even one whose job it is to investigate fraud, a "person" under the False Claims Act such that he may maintain a qui tam action? We disagree with the district court and conclude that there is no basis to except such an employee from personhood. A second question is whether the Act's "public disclosure bar" is an impediment to this suit....

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