Eleventh Circuit: Hickman v. Spirit of Athens
The brief addresses the correct standard for determining when an employee has engaged in protected activity, and argues that employees are required only to show that they had a “reasonable belief” that their employers would commit or had committed a violation of the FCA in order to meet the requirements of 3730(h), and that the district court inappropriately applied a standard requiring that the plaintiffs prove that FCA litigation was a “distinct possibility.”