Halasa v. ITT Educational Services, Inc.

Dist. Ct. did not err in granting defendant-employer's motion for summary judgment in action under False Claims Act alleging that plaintiff was fired in retaliation for identifying and reporting several irregularities in way defendant handled its federally subsidized loans and grants for students. While record contained evidence that plaintiff had reported said irregularities prior to his termination, plaintiff failed to show that actual decision-makers were aware of said reports. Moreover, Ct. rejected plaintiff's contention that constructive notice of said reports was sufficient to establish requisite causal link between said reports and his termination. Ct. also affirmed Dist. Ct.'s award of defendant's costs that included $2,975 in expert witness fees after finding that reasonable fee provisions of Rule 26(b)(4)(E) superseded $40 per day cap under 28 USC section 1921 when applied to requests for expert witness fees.