113514P.pdf   10/05/2015  Norman Rille  v.  United States
   U.S. Court of Appeals Case No:  11-3514
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, for the Court En Banc] 
   Civil case - False Claims Act. When the government proceeds with an action 
   brought by a relator under the False Claims Act, and then settles both the 
   claim brought by the relator and a different claim that does not overlap 
   factually with the claim brought by the relator, the better view according 
   to the text and structure of the Act is that the relator may recover only 
   from the proceeds of the settlement that he brought; the district court's 
   order does not clearly apply this legal standard or make factual findings 
   that are necessary to resolve the case under this standard, and its order 
   is vacated and the case is remanded for further proceedings. Judge Bye, 
   dissenting, joined by Judge Smith. 
  
113514P.pdf   04/10/2014  Norman Rille  v.  United States
   U.S. Court of Appeals Case No:  11-3514
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Bye, Author, with Smith and Colloton, Circuit Judges] 
   Civil case - False Claims Act. The district court did not err by refusing 
   to apply Rule 9(b) pleading standards when determining whether the 
   relators were entitled to a statutory share of the government's recovery 
   under 31 U.S.C. Sec. 3730(d)(1); there is no support in the law for the 
   government's position that it did not settle the claims or the actions 
   brought by the relators when the government's receipt of the settlement 
   funds required the relators' claims and the action itself to be dismissed 
   with prejudice; in such a case, the funds the government received were 
   "proceeds of the action," and relators were entitled to a share of the 
   recovery; relators were entitled to a portion of the settlement paid by 
   the main contractor's distributor as they were the source of the original 
   information upon which the fraud claims were based. Judge Colloton, 
   dissenting.