Chen-Cheng Wang, AKA C.C. Wang, an Individual and Ex Rel. The United States of America v. Fmc Corporation

Chen-Cheng Wang, a mechanical engineer, brought suit against his former employer, the FMC Corporation, under the qui tam provisions of the False Claims Act. 31 U.S.C. § 3729 et seq. (1986). Wang claimed that FMC defrauded the government by its performance on various defense contracts, including one for work on a cousin of the Bradley Fighting Vehicle. The district court granted FMC’s motion for summary judgment and dismissed Wang’s second amended complaint. For lack of pendent jurisdiction, the district court also dismissed Wang’s four state law claims without prejudice. Wang’s case raises a novel jurisdictional issue: to bring a qui tam suit based on allegations already in the public domain, must a plaintiff have played a part in disclosing those allegations? We answer yes, and affirm-.

BACKGROUND

Wang was fired from his job at FMC on December 11, 1986. He filed this action a year later, on December 10, 1987. In addition to his False Claims Act claim, Wang joined a number of state law claims, including a wrongful termination claim. As required by the False Claims Act (the Act), Wang filed his complaint under seal and presented his claim to the United States government. See 31…