Legal Opinion

US Ex Rel. Marlar v. Bwxt Y-12, LLC

Court of Appeals for the Sixth Circuit

Decided May 13, 2008No. 07-6051PublishedCited by 103 opinions

1Opinion of the Court

OPINION

KENNEDY, Circuit Judge.

Ms. Claudia Marlar filed this action against her former employer, BWXT Y-12, L.L.C. (“BWXT”), alleging that it had violated the False Claims Act (“FCA”) by defrauding the United States government, in violation of 31 U.S.C. § 3729(a)(l)-(3), and by discharging her in retaliation for whistleblowing, in violation of 31 U.S.C. § 3730(h). The district court held that Ms. Marlar’s claim of fraud was not pleaded with specificity, and therefore her cause of action was dismissed for failure to comply with Federal Rule of Civil Procedure 9(b). The district court also held…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. United States Ex Rel. Clausen v. Laboratory Corp. of America, Inc.Court of Appeals for the Eleventh Circuit · 2002
  3. United States v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2007
  4. United States Ex Rel. Keshav S. Joshi v. St. Luke's Hospital, Inc. Mohammed Bashiti, United States of America, Movant BelowCourt of Appeals for the Eighth Circuit · 2006
  5. Richard M. Yuhasz v. Brush Wellman, Inc.Court of Appeals for the Sixth Circuit · 2003

14 more not listed; retrieve them via the Exa API.

3Cited by103 opinions

  1. United States Ex Rel. Snapp, Inc. v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 2008
  2. United States Ex Rel. Gagne v. City of WorcesterCourt of Appeals for the First Circuit · 2009
  3. Chesbrough v. VPA, P.C.Court of Appeals for the Sixth Circuit · 2011
  4. United States v. Huntington National BankCourt of Appeals for the Sixth Circuit · 2009
  5. United States Ex Rel. Ibanez v. Bristol-Myers Squibb Co.Court of Appeals for the Sixth Circuit · 2017

98 more not listed; retrieve them via the Exa API.

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