Judge Dismisses McDonnell Whistle-Blower’s Lawsuit

A whistle-blower who alleged that McDonnell Douglas defrauded the government on the AH-64 Apache attack helicopter lost his case Wednesday when U.S. District Judge Stephen Wilson dismissed the jury and ruled in favor of the aerospace firm.

Frank Merideth, who represented McDonnell, said the judgment was based on the failure of whistle-blower Jerry Butler to prove that the St. Louis-based company violated the federal False Claims Act by lying to the government about its Army contracts.

“There was no evidence of dishonest conduct by employees,” Merideth said. “It is important that the individuals have been vindicated.”

The federal court case in Los Angeles was followed closely by attorneys who represent defense contractors or whistle-blowers, because it was the first time that a jury was to have heard a whistle-blower’s case involving a major weapons system.

Herbert Hafif, who represented Butler, said he was disappointed and plans to appeal the ruling.

In a lengthy statement, Hafif claimed that he proved that various cockpit electronic systems on the Apache were defective and failed to meet contractual specifications.

However, Merideth said the issue in the case was not whether the helicopter met its contract requirements, but whether or not McDonnell made false claims. And, he said, “there weren’t any facts to back up the theory.”