Brazilian processed meat exporter. (Credit: Clio/Adobe Stock) There Are No 'Magic Words': 10th Circuit Sets Standard for Notice Under False Claims Act
"Mr. Barrick's activity does not need to lead to a viable qui tam claim," stated Judge Paul J. Kelly Jr. in his written opinion for the court. "To the extent PMI implies Mr. Barrick needed to say magic words, such as 'FCA violation' or 'fraudulent report to the government to avoid payment,' to put PMI on notice, this is contrary to the text of the FCA which protects 'other efforts' to stop violations."
August 29, 2023 at 10:20 AM
6 minute read
Following a jury verdict in favor of an employee, which found that Parker-Migliorini International retaliated against him for his engagement in protected activity under the False Claims Act when it terminated his employment, the U.S. Court of Appeals for the Tenth Circuit upheld the district court's denial of the company's motion for judgment as a matter of law.
In April 2012, Brandon Barrick filed a qui tam action against his former employer, Parker-Migliorini International (PMI), which alleged violations of the False Claims Act (FCA), and unlawful retaliation in the U.S. District Court for the District of Utah. A jury found that PMI retaliated against Barrick for his engagement in a protected activity under the FCA when it terminated his employment, according to the opinion.
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