Legal Opinion

Hutchins v. Wilentz, Goldman & Spitzer

Court of Appeals for the Third Circuit

Decided June 13, 2001No. 98-6248, 98-6339UnknownCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The principal issue on appeal is whether the submission of fraudulent legal bills for approval to the United States Bankruptcy Court violates the False Claims Act, 31 U.S.C. § 3729. We hold the False Claims Act only prohibits fraudulent claims that cause or would cause economic loss to the government. We also hold that a retaliatory discharge cause of action under 31 U.S.C. § 3730(h) requires proof that the employee engaged in “protected conduct” and that the employer was on notice of the “distinct possibility” of False Claims Act litigation and…

2Cases cited35 opinions

  1. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  2. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  3. United States v. BornsteinSupreme Court of the United States · 1976
  4. United States v. Neifert-White Co.Supreme Court of the United States · 1968
  5. United States Ex Rel. Yesudian v. Howard UniversityCourt of Appeals for the D.C. Circuit · 1998

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3Cited by35 opinions

  1. Charles T. Hutchins v. Wilentz, Goldman & Spitzer Louis Delucia John Does "1" Through John Does "3" Joan Lavery. Charles T. Hutchins v. Abc Corp., Sealed. Charles T. HutchinsCourt of Appeals for the Third Circuit · 2001
  2. Wisconsin Bell, Inc. v. United States ex rel. HeathSupreme Court of the United States · 2025
  3. Dana Hickman v. Spirit of Athens, Alabama, Inc.Court of Appeals for the Eleventh Circuit · 2021
  4. Don Ascolese v. Shoemaker Construction CoCourt of Appeals for the Third Circuit · 2022
  5. Thomas Mooney v. Douglas FifeCourt of Appeals for the Ninth Circuit · 2024

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