Our previous decision detailed Gage's allegations. United States ex rel. Gage v. Davis S.R. Aviation, L.L.C., 623 F. App'x 622, 623-24 (5th Cir. 2015). The district court dismissed with prejudice, holding that most of Gage's claims were foreclosed by the public disclosure bar and none of his claims were adequately pled under Federal Rule of Civil Procedure 9(b).
Such a requirement would invite determined litigants to make Rule 59(e) and the clearly-erroneous exception "an auxiliary vehicle for the repetition of arguments previously advanced, without success, in appellate briefs, petitions for rehearing, and petitions for certiorari." 5 F.3d 1496 (5th Cir. 1993) (per curiam); see also United States ex rel. Gage v. Davis S.R. Aviation, L.L.C., 613 F. App'x 445 (5th Cir. 2015) (per curiam) (citing Silva for the same proposition). Silva, 5 F.3d 1496, at *3.