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U.S. EX REL. GRANT v. UNITED AIRLINES INC.

No. 17-2151.

912 F.3d 190 (2018)

UNITED STATES EX REL. David GRANT, Plaintiff - Appellant, v. UNITED AIRLINES INC., Defendant - Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 26, 2018.

Attorney(s) appearing for the Case

ARGUED: William Stephen Norton , MOTLEY RICE, LLC, Mt. Pleasant, South Carolina, for Appellant. Keith J. Harrison , CROWELL & MORING LLP, Washington, D.C., for Appellee. ON BRIEF: Louis M. Bograd , Washington, D.C., William P. Tinkler , MOTLEY RICE, LLC, Mt. Pleasant, South Carolina, for Appellant. Michael T. Cole , Erika Karnaszewski Fedelini , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Charleston, South Carolina; Jason M. Crawford , Charles D. Austin , CROWELL & MORING LLP, Washington, D.C., for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Wilkinson concurred. Judge Keenan wrote a separate opinion concurring in part and dissenting in part.

Relator David Grant brought this qui tam action against his former employer, United Airlines, Inc. ("United"), under the False Claims Act (the "FCA"), 31 U.S.C. §§ 3729, et seq. The district court dismissed Grant's second amended complaint (the "SAC") for failure to state a claim under Federal Rule of Civil...

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