United States District Court, N.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
VIRGINIA EMERSON HOPKINS UNITED STATES DISTRICT JUDGE
a civil action. It is currently set for trial beginning
January 29, 2018. Before the Court is Defendants Nagel
Enterprise's and Jed Nagel's (collectively
"NEI") Motion for Judgment on the Pleadings (the
"Motion"). (Doc. 116 at 1). The Court permitted NEI
to file the Motion in its Order dated August 3, 2017. (Doc.
114 at 2). That Order stated:
Any Motion for Judgment on the Pleadings shall be limited
to whether retaliation claims under Section 3730(h) of the
False Claims Act may only be brought by employees as to the
terms and conditions of their employment, thereby barring
recovery for any post-employment retaliation claim.
(Doc. 114 at 1-2) (emphasis added).
argues that "[s]ection 3730(h) does not provide a cause
of action for any retaliation action outside of the terms and
conditions of the pertinent employment." (Doc. 118 at
9). Taul disagrees. (Doc. 117 at 4).
response, Taul makes two arguments. (Doc. 117 at 4). First,
Taul argues that he was a contractor and therefore covered by
the statute. (Doc. 117 at 4) ("Because §3 73 0(h)
provides a cause of actions for retaliation against
contractors, Relator Taul's claims are viable regardless
of his 'psot [sic] termination' retaliation.").
Next, Taul argues that, even if he was not a contractor, the
statute still covers him. (Doc. 117 at 4) ("[B]oth the
plain language of the FCA and holdings from other federal
Courts support Relator Taul's right to bring a
§3730(h) claim (e.g. post termination) in light of the
facts in this case.").
Amended Qui Tarn Complaint (Complaint) alleges five counts of
FCA violations. (See generally doc. 47). Most
relevant here is Count IV, which alleges a violation under 31
U.S.C. § 3730(h). (Doc. 47 at 15-15). The Complaint
Violation of the False Claims Act, 31 U.S.C.A. §
57. Plaintiff realleges all prior paragraphs of the Complaint
as if set forth fully herein.
58. Relator Taul was discharged, harassed and/or
discriminated against in his termination by Defendant
Nagel-Abanks Defendant Jed Nagel, by and through
Defendants' respective officers, agents, employees and/or
contractors because of lawful acts done by Relator Taul in
the furtherance of an action under the False Claims Act
including, but not limited to, Relator Taul's efforts to
stop violations of the False Claims Act.
59. By reason of the violation of 31 U.S.C. § 3730(h),
Defendants have knowingly or recklessly damaged the Plaintiff
in an amount to be determined at trial.
the Relator prays for the following relief:
(a) That the Relator be awarded all compensatory and punitive
damages, including personal injury damages for mental
anguish, pain and suffering and/or loss of reputation, to
which he is entitled pursuant to 31 U.S.C. §3730(h) and
other applicable law;
(b) That Relator be awarded two times the amount of back pay,
interest on the back pay, and compensation for any special
damages sustained as a result of the ...