False Claims Act: Royalty Underpayment; Definition of 'Person' False Claims Act: Public Disclosure Bar

摘要

For a discussion of the underlying facts of the case see the case summary following the initial Pifth Circuit opinion, 181 O.&G.R. 439. After the District Court again granted Shell's motion for summary judgment, the relators again appealed to the Fifth Circuit. Held: vacated and remanded with instructions. Reviewing its earlier opinion, the Fifth Circuit determined that the District Court had ignored its instructions on the issue of what Shell would have to show in order to be entitled to a summary judgment on the public disclosure bar against FCA suits. The District Court needed to carefully review all of the proffered documents by Shell in order to determine whether or not they were publically disclosed. The District Court failed to closely hew to the Fifth Circuit Vearlier mandate regarding the nature of the allegations and the alleged, public disclosures relating to the alleged royalty, underpayment scheme. Furthermore the Fifth Circuit toqk the unusual step of ordering the Chief Judge of the Southern District of Texas to assign this case on remand to a different district judge.