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Dookeran v. Mercy Hospital of Pittsburgh

Where plaintiff claimed retaliatory discharge under whistleblower provision of False Claims Act (FCA), summary judgment for defendants affirmed; plaintiff was not engaged in "protected conduct," or conduct that could reasonably have led to a viable FCA action, because statutory elements of an FCA action could not have been met.

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Argued November 1, 2001

OPINION OF THE COURT

The issue on appeal is whether the “whistleblower” provision of the False Claims Act, 31 U.S.C. S 3730(h), protects an employee who exposes allegedly false statements made in an application which contains no demand for payment of federal funds. Appellant, Dr. Keith A. Dookeran, filed a Complaint asserting seven causes of action against Appellees. Count I is a claim for retaliatory discharge under the whistleblower provision of the False Claims Act (“FCA”), 31 U.S.C. S 3730(h). Counts II through VII are state law claims arising out of the same facts. The District Court granted summary judgment in favor of Appellees, dismissing Count I because it concluded that Dookeran was not engaged in protected conduct under the FCA, and then declined to exercise supplemental jurisdiction over the pendant state law claims. We hold that the whistleblower protections apply only to actions taken in furtherance of a viable False Claims Act case which has been, or is about to be, filed. Because the facts of this case could not possibly support a False Claims Act case, the whistleblower provisions did not apply. We will affirm.

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