United States v. NEC Corp.

BIRCH, Circuit Judge:

The United States of America, as appellee in the present case, moves to dismiss the appellant’s qui tam action brought under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. Because we find that a qui tam action survives the death of the plaintiff-relator, we DENY the appellee’s motion to dismiss and GRANT the appellant’s motion for substitution of a personal representative. This is an issue of first impression in the federal appellate courts.

I. BACKGROUND-

The appellant, Arthur Williams, brought a qui tam action under 31 U.S.C. § 3730 against the appellee, the…