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United States v. Rockwell Int'l Corp.

ELR Citation: 37 ELR 20144
Nos. Nos. 99-1351 et al., (10th Cir., 06/18/2007) order on remand

The court, on remand from the U.S. Supreme Court, affirmed a lower court judgment in favor of the U.S. government but vacated judgment in favor of an individual who filed a qui tam action against a nuclear weapons plant for pollution, environmental law violations, and breach of contract claims. The circuit court previously affirmed the lower court decision in United States v. Rockwell International Corp., 282 F.3d 787, 32 ELR 20534 (10th Cir. 2002). But the Supreme Court reversed a portion of that decision in Rockwell International Corp. v. United States, No. 05-1272, 37 ELR 20071 (U.S. Mar. 27, 2007), holding that the individual did not qualify as an original source. Consequently, his claims cannot stand under the False Claims Act.

[Prior decisions in this litigation can be found at 28 ELR 20361, 32 ELR 20534, and 37 ELR 20071.]