No. 11-20320itself, or move to have it dismissed. § 3730(c)(2)(A). The court may grantdismissal “notwithstanding the objections” of relators.
Should thegovernment intervene and continue the suit, the relators receive between 10 and25 percent of any judgment, whereas their share rises to between 25 and 30percent if the United States declines participation. § 3730(d)(1), (2).These procedures were followed. After the government notified the courtit did not wish to intervene, the court ordered the case to be unsealed and thedefendants to be served. The cases were transferred from Oklahoma to theSouthern District of Texas on March 2, 2007, and consolidated there by theparties’ joint request.
28 U.S.C. § 1404(a); Fed. R. Civ. P. 42(a).In April 2011, the district court granted summary judgment to Shell on theground that two distinct False Claims Act provisions prohibited the suit: Section3730(b)(1), describing who may bring suit, and the public disclosure barcontained in Section 3730(e)(4)(A), (B). Relators timely appeal. As
, the United States urges us to construe the False Claims Act as barringsuits by government employees who discover wrongdoing in the scope of theirofficial duties.DISCUSSION
We first address the government’s claim that there is no Article III jurisdiction. Though raised for the first time on appeal, a legitimate questionabout jurisdiction must be answered no matter when it is first asked.
Arena v.Graybar Elec. Co.
, 669 F.3d 214, 223 (5th Cir. 2012). A plaintiff ordinarily must show (1) an injury in fact, (2) that the injury isfairly traceable to the challenged conduct, and (3) that a victory in litigation willlikely redress the injury.
See Adar v. Smith
, 639 F.3d 146, 150 (5th Cir.) (enbanc),
132 S. Ct. 400 (2011). It is settled that
relators whoare not federal employees have constitutional standing.
Vt. Agency of Natural
Case: 11-20320 Document: 00511940318 Page: 3 Date Filed: 07/31/2012