O'Hara v. NIKA Technologies, Inc., No. 16-1805 (4th Cir. 2017)Annotate this Case
Plaintiff filed suit against NIKA under the whistleblower-protection provisions of the False Claims Act (FCA), 31 U.S.C. 3730(h), and the American Recovery and Reinvestment Act (ARRA), Pub. L. No. 111-5, 123 Stat. 297–99 (2009). The Fourth Circuit held that the district court applied the wrong legal standard to the section 3730(h) claim. The district court's conclusion that section 3730(h) only protects whistleblowing activity directed at the whistleblower's employer was erroneous, because the plain language of section 3730(h) protects disclosures in furtherance of a viable FCA action against any person or company. Nonetheless, the court affirmed the district court's grant of summary judgment because plaintiff's disclosures were not protected under the correct legal standard. In this case, plaintiff's disclosures were not in furtherance of a viable FCA action. Finally, the court affirmed the district court's disposition of the ARRA claim, holding that the undisputed facts established by clear and convincing evidence that NIKA would have fired plaintiff absent any whistleblowing activity.