Schell v. Bluebird Media, LLC, No. 14-1649 (8th Cir. 2015)
Annotate this CaseSchell filed a qui tam suit under the False Claims Act, 31 U.S.C. 3729-3733, alleging Bluebird made false statements to the government to secure a three-year grant from the National Telecommunications and Information Administration of the U.S. Department of Commerce for increasing broadband accessibility in northern Missouri and retaliated against Schell, a former Bluebird employee, for reporting fraudulent or illegal conduct. The alleged fraud concerned a requirement for matching funds, changing the purpose of the grant, and disclosure of management. The Eighth Circuit affirmed the district court’s entry of summary judgment in Bluebird’s favor. Schell did not show that Bluebird knew that changes would be necessary and obscured the true information or otherwise presented their grant application with the mens rea the FCA requires.
Court Description: Shepherd, Author, with Smith and Benton, Circuit Judges] Civil case - False Claims Act. Orders regarding denial of a motion concerning scheduling and a motion for extension of time were not designated in the Notice of Appeal and the court lacked jurisdiction to consider the orders; the district court did not err in granting defendant's motion for summary judgment on plaintiff's False Claims Act claims as plaintiff failed to present evidence that raised a genuine issue as to whether defendant made false statements in their grant application; plaintiff failed to establish the elements of a Federal Tort Claims Act retaliation; plaintiff failed to establish that defendant provided a false reason for termination in his Missouri Service Letter.
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