Las Vegas Airport’s Fee Award Against Whistleblower Overturned

A whistleblower that unsuccessfully pursued a False Claims Act suit against a Nevada county and a Las Vegas airport doesn’t have to pay them nearly $300,00 in attorneys’ fees because the case wasn’t frivolous, the Ninth Circuit ruled Friday.

Cheryl Nolte Barnes didn’t make clearly frivolous allegations in her suit accusing Clark County, Nev., and the McCarran International Airport of making false statements in airspace grant applications to the Federal Aviation Administration, the U.S. Court of Appeals for the Ninth Circuit said in a nonprecedential opinion.

The U.S. District Court for the District of Nevada court didn’t make detailed findings in support of the award, the Ninth Circuit said.

The failure to establish the elements of materiality and scienter in the FCA suit doesn’t entitle the defendants to a fees award, the court said.

Barnes alleged that the defendants falsely stated in grant applications that they had complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Barnes said the defendants failed to satisfy several required steps under the URA in order to acquire airspace from a property owner.

Barnes also asserted that the defendants didn’t comply with guidelines in FAA Advisory Circulars.

The district court dismissed the suit in January 2018, and issued a $283,251 attorneys’ fees award in January 2021.

Chief Judge Mary H. Murguia and Judges J. Clifford Wallace and Carlos T. Bea joined in the decision

Paul C. Ray Chartered represented Barnes. Brownstein Hyatt Farber Schreck LLP represented the defendants.

The case is Barnes v. Clark Cnty., 9th Cir., No. 21-15137, 1/7/22.