Murphy Anderson Files Amicus Brief in 7th Circuit False Claims Act Anti-Retaliation Case
The U.S. Court of Appeals for the Seventh Circuit has accepted Murphy Anderson's amicus brief, filed on behalf of the Government Accountability Project, National Employment Lawyers' Association, National Whistleblowers Center and Taxpayers Against Fraud Education Fund in Gregory Perius v. Abbott Laboratories. The case raises the question whether the anti-retaliation provision of 31 U.S.C. § 3730(h) of the False Claims Act protects employee witnesses who cooperate with a Government investigation of potential false claims. The amicus brief argues that the District Court wrongly denied such protection where the employee-witness cooperated with the Government without making his own personal accusation of fraud. Amici urge that this subjective requirement has no basis in the statute. If the Government is investigating fraud, the False Claims Act requires that anyone assisting the Government be protected from retaliation.