Opinion

United States ex rel. McKenzie v. Bellsouth Telecommunications, Inc.

  • 123 F.3d 935
  • 1997 WL 510191
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 26, 1997
Status
Published
Author
Norris
On the bench
Moore, Norris, Russell
Cited by
56 cases

Abrogated on other grounds by U.S. ex rel. Azam Rahimi v. Rite Aid Corp., 3 F.4th 813 (2021)

“The word ‘direct’ is usually interpreted as ‘marked by absence of intervening agency,’ while ‘independent knowledge’ is not ‘dependent on public disclosure.’”

How later courts described this case

  • “The word ‘direct’ is usually interpreted as ‘marked by absence of intervening agency,’ while ‘independent knowledge’ is not ‘dependent on public disclosure.’”
  • “In construing the term ‘original source’ other courts have ‘impose[d] a conjunctive requirement – direct and independent – on qui tam plaintiffs.’”
  • “An employee must supply sufficient facts from which a reasonable jury could conclude that the employee was discharged because of activities which gave the employer reason to believe that the employee was contemplating a qui tam action against it.” (internal quotation marks omitted)
  • “ ‘[A]n employee must supply sufficient facts from which a reasonable jury could conclude that the employee was discharged because of activities which gave the employer reason to believe that the employee was contemplating a qui tam action against it.’ ”

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by U.S. ex rel. Azam Rahimi v. Rite Aid Corp., 3 F.4th 813 (2021)

    123 F.3d 935, 940 (6th Cir. 1997) (substantial identity), abrogated on other grounds by United States ex rel. Rahimi v. Rite Aid Corp., 3 F.4th 813
    Court of Appeals for the Sixth CircuitJun 29, 20212 citing opinionsother groundsRead it

The opinion

ALAN E. NORRIS,

dissenting. Because I would affirm the district court, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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