(CN) – A former Lockheed Martin employee failed to prove that the company defrauded the government and ignored software rules as it developed new F-35 fighter planes, a federal judge in Fort Worth ruled.
Sylvester Davis allegedly worked on software for the joint strike-fighter program for the Navy and Air Force. He claimed that his former employer, Lockheed Martin, ignored its own software standards and those adopted by the U.S. Department of Defense, and fraudulently requested government money as it filled an order for 22 developmental fighter planes.
When Davis complained, Lockheed Martin allegedly forced him to resign and release any legal claims against the company in exchange for a pay-off.
Davis said his former employer further retaliated by blocking his ability to find new work.
U.S. District Judge Terry Means rejected Davis’s claims for any retaliation that allegedly took place after his resignation, since he was no longer a Lockheed Martin employee.
Judge Means also dismissed his claims under the False Claims Act, saying the complaint “fails to allege with any specificity who presented a false claim, who received it, details of the submittals, the form of the claim, the amounts requested, or the amounts received.”
The judge similarly rejected Davis’s claim that Lockheed Martin was negligent while developing the aircraft software.
Because Davis failed to specify his claims in his third amended complaint, Means chose not “to allow Davis another bite at the apple.”
The judge granted Lockheed’s motion to dismiss.