Sorenson v. Wadsworth Brothers Construct, No. 21-4005 (10th Cir. 2022)
Annotate this CaseKelly Sorenson, acting as a qui tam relator, brought suit on behalf of the United States against his former employer, Wadsworth Brothers Construction Company (“Wadsworth”), under the provisions of the False Claims Act (“FCA”). Sorenson alleged Wadsworth, a contractor working on a federally funded transportation project, falsely certified its compliance with the prevailing-wage requirements of the Davis-Bacon Act. The district court granted Wadsworth’s Fed. R. Civ. P. 12(b)(6) motion as to presenting a false claim, making a false record to obtain payment on a false claim, and an allegation of a conspiracy to defraud. The district court concluded Sorenson’s complaint failed to satisfy the demanding materiality standard set out by the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016). Thereafter, the district court granted summary judgment to Wadsworth on Sorenson’s Claim 5, a retaliation claim based on the whistleblower provisions of 31 U.S.C. § 3730(h). The district court concluded Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and, in addition, failed to demonstrate Wadsworth’s actions were retaliatory. Sorenson appealed the dismissal of the first three claims and the grant of summary judgment to Wadsworth on Claim 5. Finding no reversible error, the Tenth Circuit affirmed the district court's dismissal.
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