Thomas Berg v. Honeywell International, Inc.
502 F. App'x 674
9th Cir.2012Background
- Relators appeal dismissal of a qui tam under the FCA against Honeywell.
- District court ruled lack of jurisdiction under 31 U.S.C. § 3730(e)(4)(A) because AAA and GAO reports were public disclosures.
- Relators argued the disclosures were public and that they were original sources under § 3730(e)(4)(B).
- Court reviews de novo the district court’s § 3730(e)(4)(A) jurisdiction determination.
- Court held AAA reports and GAO report were not public disclosures; case remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the AAA reports public disclosures under § 3730(e)(4)(A)? | Relators: AAA reports publicly disclosed. | Honeywell: AAA reports public disclosures. | No; not publicly disclosed. |
| Is the GAO report a public disclosure under § 3730(e)(4)(A)? | Relators: GAO report publicly disclosed. | Honeywell: GAO report publicly disclosed. | No; insufficient specificity to enable an investigation. |
| Did the disclosures bar jurisdiction under the FCA? | Relators rely on public disclosures to bar jurisdiction. | Honeywell contends disclosures exist. | Neither AAA nor GAO disclosures triggered the public disclosure bar. |
| Were the relators original sources under § 3730(e)(4)(B)? | Relators qualify as original sources. | Unknown from excerpt; issue not sustained. | Not necessary to resolve here; opinion focuses on public disclosure absence. |
Key Cases Cited
- United States ex rel. Lindenthal v. Gen. Dynamics Corp., 61 F.3d 1402 (9th Cir. 1995) (public disclosure analysis under FCA public disclosure bar)
- United States ex rel. Schumer v. Hughes Aircraft Co., 63 F.3d 1512 (9th Cir. 1995) (FOIA public disclosure timing and private disclosure distinctions)
- United States v. Alcan Elec. and Eng’g, Inc., 197 F.3d 1014 (9th Cir. 1999) (public disclosure must enable government to investigate)
- Seal 1 v. Seal A, 255 F.3d 1154 (9th Cir. 2001) (public disclosure when outsider has incentive to use allegations)
- Meyer v. Horizon Health Corp., 565 F.3d 1195 (9th Cir. 2009) (public disclosure requires actual, not theoretical, availability)
- Found. Aiding the Elderly v. Horizon West, Inc., 265 F.3d 1011 (9th Cir. 2001) (private disclosure context; not a public disclosure)