United States v. Lockheed Missiles & Space Co‪.‬

The appellants, Margaret A. Newsham and Martin Overbeek Bloem ("relators"), are qui tam plaintiffs under the False Claim Act ("FCA"), 31 U.S.C. SS 3729-3733. The relators alleged that Appellee Lockheed Missiles and Space Company, Inc. ("LMSC") submitted millions of dollars of false claims for excessive nonproductive labor hours on government projects. The relators appeal two of the district courts rulings: 1) dismissal of their claims because the court concluded that it lacked subject matter jurisdiction under the pre-1986 FCA, and 2) refusal to award attorneys fees under Californias Anti-SLAPP statute, Cal. Civ. Proc. Code S 425.16, for the dismissal of LMSCs counterclaims. LMSC appeals the district courts application of Fed. R. Civ. P. 54(d)(1) and equitable considerations to deny LMSCs cost bill for a part of the case that was dismissed.