Fifth Circuit Rejects FCA Case Based On Purported Improper Legal Billings

Although litigants frequently contend that the opposing party's arguments are without factual or legal support, it is uncommon and unconventional for a litigant to contend that the opposing party has violated the FCA by advancing a purportedly weak legal argument. Despite the apparent oddity of such allegations forming the basis for an FCA claim, the Fifth Circuit was confronted with this precise issue in United States ex rel. Guth v. Roedel, Parsons, Koch, Blache, Balhoff & McCollister, No 15-30043, 2015 WL 5693302, — F. App'x —- (5th Cir. Sept. 29, 2015). In a holding that should be of particular interest to attorneys, the Fifth Circuit affirmed the dismissal of the Relator's claims, explaining that a purportedly weak legal argument, in itself, cannot form the basis for a violation of the FCA.