United States ex rel. Bhatnagar v. Kiewit Pacific Co.

MEMORANDUM *

Appellant (“Bhatnagar”) appeals the grant of summary judgment in favor of Appellees (“Kiewit”). Bhatnagar argues that the district court erred in granting summary judgment because there were genuine issues of material fact in dispute such that a reasonable jury could conclude that Kiewit had knowingly submitted false claims to the government in violation of the False Claims Act, 31 U.S.C. §§ 3729-3812 (“FCA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for a trial on the merits.

A grant of summary judgment is reviewed de novo. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001). The appellate court’s review is governed by the same standard used by the trial court under F.R.C.P. 56(c). Far Out Prods., Inc. v. Oskar, 247 F.3d 986 , 992 (9th Cir.2001). The appellate court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Far Out Prods., 247 F.3d at 992. In order to raise a genuine issue of fact the evidence must be such that a reasonable jury…