United States of America, Ex Rel., and Linda A. Lujan v. Hughes Aircraft Co.

Linda Lujan appeals the dismissal of her qui tam and retaliation claims brought pursuant to the False Claims Act, 31 U.S.C. § 3729 et seq. (1983 & Supp.1994) (FCA), against her former employer, Hughes Aircraft Company. The district court dismissed Lujan’s complaint because Lujan disclosed the nature and existence of her qui tam claim to the Los Angeles Times while the complaint was still under seal pursuant to § 3730(b)(2). We have jurisdiction, see 28 U.S.C. § 1291 , and reverse.

I.

On February 28, 1992, Lujan brought a qui tam action against Hughes under the False Claims Act. Pursuant to § 3730(b)(2), Lujan filed her claim in camera, and served it on the Government along with the requisite written disclosure of information. The complaint alleged that Hughes had mis-charged the Government for its work on the B-2 radar systems. Lujan’s complaint also contained a second cause of action alleging wrongful discrimination and retaliatory termination under § 3730(h).

Prior to filing her qui tam claim, Lujan had made similar allegations of improper conduct by Hughes in a wrongful termination suit and in a workers’ compensation action. On December 16, 1991, over ten weeks before the…