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Seventh Circuit Rejects False Claims Act and Retaliation Claims Premised on Purported Breach of Contract

On October 11, 2016, the Seventh Circuit confirmed that there is no violation of the False Claims Act (“FCA”) where the defendant allegedly violated a self-imposed requirement that was not mandated by its contract with the government, and affirmed the proper test for determining whether a purported whistleblower has undertaken a protected activity for purposes of a retaliation claim. In United States ex rel. Uhlig v. Fluor Corp., 839 F.3d 628 (7th Cir. 2016), the panel held that Fluor had not violated the FCA, and that Uhlig could not claim whistleblower protections because at the time he raised the putative FCA issue, neither he nor a reasonable employee in his position could have believed that Fluor was in fact defrauding the government. The panel affirmed the district court’s grant of summary judgment in favor of Fluor. Continue

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