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U.S. EX REL. VAVRA v. KELLOGG BROWN & ROOT, INC.

No. 12-40447.

727 F.3d 343 (2013)

UNITED STATES of America, ex rel., David R. VAVRA, et al., Plaintiffs United States of America, Intervenor-Appellant v. KELLOGG BROWN & ROOT, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2013.

Attorney(s) appearing for the Case

Melissa Nicole Patterson, Esq. , Charles Wylie Scarborough (argued), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Michael Wayne Lockhart, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Beaumont, TX, for Intervenor-Appellant.

Marie Roach Yeates, Esq. (argued), Vinson & Elkins, L.L.P., Houston, TX, Michael Andrew Heidler , Vinson & Elkins, L.L.P. Austin, TX, Craig David Margolis , Vinson & Elkins, L.L.P., Washington, DC, for Defendant-Appellee.

Before JOLLY, BENAVIDES, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

We are asked to decide a question of first impression in interpreting the Anti-Kickback Act (the "AKA" or the "Act"), 41 U.S.C. §§ 51-58.1 At issue is whether, and if so under what conditions, 41 U.S.C. § 55(a)(1)'s civil suit provision extends vicarious liability to an employer for the acts of its employees. Employees of Defendant-Appellee Kellogg Brown & Root, Inc. ("KBR") allegedly accepted...

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