Nyle Hooper v. Lockheed Martin Corporation

Plaintiff-Appellant Nyle J. Hooper brings suit under the qui tam provisions of the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 , against Lockheed Martin Corporation (“Lockheed”). The FCA permits individuals, known as “relators,” to file suit on behalf of the United States seeking damages from persons who file false claims for government funds. 31 U.S.C. § 3730 (b)(1). Hooper alleges that Lockheed defrauded the United States Air Force under a contract for the Range Standardization and Automation (“RSA”) IIA program concerning software and hardware used to support space launch operations at Vandenberg Air Force Base and Cape Kennedy. Hooper filed his qui tam suit in the District Court for the District of Maryland, which transferred the suit at Lockheed’s request to the Central District of California on forum non conveniens grounds. The California district court granted summary judgment in favor of Lockheed on all grounds.

For the reasons set forth below, we affirm in part and reverse in part the district court’s grant of summary judgment.

BACKGROUND

A.

Relator Hooper worked for six years for Lockheed. He was hired on April 29, 1996, as a Senior Research Operations…