Recent Decisions in Civil False Claims Act Cases Listed below are some of the recent decisions reached in Civil False Claims Act cases. To request a reasonable number of any of these decisions (if available), please email us at [email protected]. DATE: 9/7/07 CASE NAME: United States ex rel. Stoner v. Santa Clara County Office of Education COURT: Ninth Circuit ISSUES: Motion to dismiss; "Person" subject to suit; Arm of the state immunity; Immunity of individual defendants; Pro se prosecution; Article III standing. DATE: 8/16/07 CASE NAME: Cole v. Board of Trustees of the University of Illinois COURT: Seventh Circuit ISSUES: Motion to dismiss; Res judicata DATE: 6/2707 CASE NAME: United States ex re. Mayfield v. Lockheed Martin Eng'g & Science COURT: Fifth Circuit ISSUES: Summary judgment; Fraud-in-the-inducement; Materiality; Government knowledge DATE: 5/8/07 CASE NAME: United States ex rel. Bogart v. King Pharmaceuticals COURT: Third Circuit ISSUES: Common fund doctrine; Settlement proceeds We are required under the New York State Code of Professional Responsibility to inform you that the contents of this document are considered Attorney Advertising and that prior results do not guarantee a similar outcome. Fried, Frank, Harris, Shriver & Jacobson LLP A Delaware Limited Liability Partnership 1
Transcript
Recent Decisions in Civil False Claims Act Cases Listed below are some of the recent decisions reached in Civil False Claims Act cases. To request a reasonable number of any of these decisions (if available), please email us at [email protected].
DATE: 9/7/07
CASE NAME: United States ex rel. Stoner v. Santa Clara County Office of Education
COURT: Ninth Circuit
ISSUES: Motion to dismiss; "Person" subject to suit; Arm of the state immunity; Immunity of individual defendants; Pro se prosecution; Article III standing.
DATE: 8/16/07
CASE NAME: Cole v. Board of Trustees of the University of Illinois
COURT: Seventh Circuit
ISSUES: Motion to dismiss; Res judicata
DATE: 6/2707
CASE NAME: United States ex re. Mayfield v. Lockheed Martin Eng'g & Science
COURT: Fifth Circuit
ISSUES: Summary judgment; Fraud-in-the-inducement; Materiality; Government knowledge
DATE: 5/8/07
CASE NAME: United States ex rel. Bogart v. King Pharmaceuticals
COURT: Third Circuit
ISSUES: Common fund doctrine; Settlement proceeds
We are required under the New York State Code of Professional Responsibility to inform you that the contents of this document are considered Attorney Advertising and that prior results do not guarantee a similar outcome. Fried, Frank, Harris, Shriver & Jacobson LLP A Delaware Limited Liability Partnership 1
CASE NAME: United States ex rel. DRC v. Custer Battles, LLC
COURT: E.D. Va.
ISSUES: Rule 50 Motion for Judgment as a Matter of Law; Presentment; US Treasury Funds; Section 3730(h) Retaliation; Public Disclosure/Original Source
DATE: 7/25/06
CASE NAME: United States v. Stein
COURT: SDNY
ISSUES: Suppression of proffers; Thompson Memorandum; State action; Attributing KPMG’s coercive actions to the government. See United States v. Stein
DATE: 6/26/06
CASE NAME: United States v. Stein
COURT: SDNY
ISSUES: Fifth Amendment Right to Due Process; Sixth Amendment Right to Counsel; Advancement to employees of attorney's fees; Thompson Memorandum. See United States v. Stein
CASE NAME: United States ex rel. Satalich v. City of Los Angeles
COURT: Ninth Circuit (unpublished decision)
ISSUES: Summary judgment- no material issue of fact; Retaliation statute of limitations
DATE: 9/19/05
CASE NAME: Mack v. Augusta-Richmond County, Ga.
COURT: Eleventh Circuit
ISSUES: Section 3730(h)
DATE: 9/19/05
CASE NAME: United States ex rel. Gross v. Aids Research Alliance-Chicago
COURT: Seventh Circuit.
ISSUES: Rules 9(b) and 12(b)(6); Materiality/Prerequisite to payment; Causal connection between certifications and government payment; Section 3730(e)(4)(A) Original source
DATE: 9/19/05
CASE NAME: United States ex rel. Schell v. Battle Creek Health Sys.
ISSUES: Affirms district court’s dismissal of qui tam action because United States determined that prosecution “threatened to interfere with its federal interest in protecting military and state secrets,” and relator did not establish that the litigation could proceed without access to protected materials)
DATE: 9/12/05
CASE NAME: United States ex rel. Satalich v. City of Los Angeles
COURT: Ninth Circuit (unpublished decision)
ISSUES: Pro se plaintiff; no right to intervene
DATE: 9/9/05
CASE NAME: McNutt v. Haleyville Medical Supplies, Inc.
ISSUES: Government motion to dismiss without intervention. Sections 3730(b)(3) and 3730 (c)(2)(A)
DATE: 7/19/05
CASE NAME: United States ex rel. Will v. A Plus Benefits, Inc.
COURT: Tenth Circuit
ISSUES: Sections 3729 (a)(1), (a)(2), and (a)(3); Ambiguous contract term not actionable under FCA
DATE: 7/13/05
CASE NAME: United States ex rel. Williams v. Bell Helicopter Textron Inc.
COURT: Fifth Circuit
ISSUES: Rules 9(b) and 12 (b)(6); Section 3730(c) and government non-intervention
DATE: 7/6/05
CASE NAME: United States ex rel. Lee v. Fairview Health Sys.
COURT: Eighth Circuit
ISSUES: Denying request for leave to amend complaint based on futility; failure to inform court of content of proposed new allegation
DATE: 7/1/05
CASE NAME: Maturi v. McLaughlin Research Corp.
COURT: First Circuit
ISSUES: Section 3730(h) Retaliation; employer’s knowledge of employees’ protected conduct; heightened notice standard where employees had responsibility to oversee government billing and payment; R.I. Whistleblowers’ Protection Act
ISSUES: Motion to dismiss; statute of limitations; Section 3730 procedural requirements
DATE: 6/13/05
CASE NAME: Constantine v. George Mason University
COURT: Fourth Circuit
ISSUES: Motion to dismiss; First Amendment retaliation; disability discrimination; Eleventh Amendment
DATE: 6/8/05
CASE NAME: Shaw, sued as United States ex rel. v. AAA Engineering & Drafting Inc.
COURT: Tenth Circuit
ISSUES: Joinder; Federal Rules of Civil Procedure Rules 19, 60 and 21; subject matter jurisdiction to join parties and extend judgment; Federal Rules of Appellate Procedure Rule 4(a)(1)
ISSUES: Rule 12(b)(6); Sections 3730(b) and 3732(a); federal district court jurisdiction over FCA claims
DATE: 2/9/05
CASE NAME: Ridenour v. Kaiser-Hill Co.
COURT: Tenth Circuit
ISSUES: FCA statutory construction; Sections 3730(b)(3), 3730(c)(2)(A) and 3730(c); government motion to dismiss without intervention; standard for review; rational relation test; motions in limine re: discovery
CASE NAME: United States ex rel. Quinn v. Omnicare Inc.
COURT: Third Circuit
ISSUES: Summary judgment; "false or fraudulent" claim; submission requirement; implied false certification liability; reverse false claim liability; failure to credit Medicaid for returned medications
DATE: 8/27/04
CASE NAME: United States ex rel. Totten v. Bombardier Corp.
COURT: DC Circuit
ISSUES: Section 3729(a)(1); presentment requirement; Section 3729(a)(2); implicit presentment requirement; imposition of FCA liability for claim to a "grantee" of the U.S. Government
DATE: 8/11/04
CASE NAME: United States ex rel. Barron v. Deloitte & Touche
COURT: Fifth Circuit
ISSUES: Eleventh Amendment "arm of the state" immunity; motion to dismiss
DATE: 8/3/04
CASE NAME: United States ex rel. Lissack v. Sakura Global Capital Markets, Inc.
COURT: Second Circuit
ISSUES: Motion to Dismiss; Section 3629(e), the "FCA Tax Bar"
DATE: 7/14/04
CASE NAME: United States ex rel. Drake v. Norden System s, Inc.
COURT: Second Circuit
ISSUES: Rules 9(b), 12(b)(6), and 41(b) (failure to prosecute)
CASE NAME: United States v. Universal Fruits and Vegetables Corp.
COURT: Ninth Circuit
ISSUES: Exclusive jurisdiction; customs duties; statute of limitations
DATE: 3/15/04
CASE NAME: United States ex rel. Hererra v. Danka Office Imaging Co.
COURT: Fourth Circuit
ISSUES: Federal Supply Service Schedule contract; blanket purchase agreements; fee for service provision; direct false claim; implied certification
DATE: 3/5/04
CASE NAME: United States ex rel. Stone v. Rockwell Int'l Corp.
COURT: Tenth Circuit
ISSUES: Public disclosure; original source; information provided voluntarily to government prior to suit
DATE: 2/23/04
CASE NAME: United States ex rel. Karvelas v. Melrose-Wakefield Hosp.
COURT: First Circuit
ISSUES: Application of Rule 9(b) to FCA cases; pleading on information and belief; relaxed 9(b) standard; information in defendant's exclusive control; Section 3730(h) retaliation claim
DATE: 1/16/04
CASE NAME: United States ex rel. Watson v. Connecticut Gen'l Life Ins. Co.
COURT: Third Circuit (unpublished decision)
ISSUES: Summary judgment; inflated performance standards; avoidance of penalties; necessity of damages; materiality; Section 3730(h); standing; independent contractor
CASE NAME: United States ex rel. Riley v. St. Luke’s Episcopal Hospital
COURT: Fifth Circuit
ISSUES: Medically unnecessary treatments; falsity; scienter; care by unlicensed physician; filing false claims; false certification; allegedly artificial upgrade of transplant status
DATE: 1/6/04
CASE NAME: United States ex rel. Goldstein v. Fabricare Draperies, Inc.
COURT: Fourth Circuit
ISSUES: False certifications and false statements in MAS contracts; Rule 9(b)
DATE: 12/19/03
CASE NAME: United States ex rel. Harrison v. Westinghouse Savannah River Co.
COURT: Fourth Circuit
ISSUES: Organizational conflict of interest; knowing understatement of costs in bid; materiality; government knowledge; scienter; collective knowledge; jury instruction; fraudulent inducement; measure of damages; Rule 9(b); burden of proving damages; realtor’s costs and attorney fees
DATE: 12/9/03
CASE NAME: United States ex rel. Honeywell, Inc. v. San Francisco Housing Authority.
COURT: Ninth Circuit (unpublished decision)
ISSUES: Local governments as persons; local government employees; personal and official capacity
DATE: 9/15/03
CASE NAME: California ex rel. Rono, LLC v. Altus Finance S.A.
COURT: Ninth Circuit
ISSUES: Qui tam provisions in FCA; insolvency of life insurance company; right to pursue a claim, acquired assets as state funds; right of the Attorney General to seek a civil claim
ISSUES: Fraudulent benefits under the Federal Employee Compensation Act; preclusive effect; enforcement of settlement agreement; general release
DATE: 4/9/03
CASE NAME: Hays v. Hoffman
COURT: Eighth Circuit
ISSUES: Public disclosure; original source status; jurisdiction; state agency audit as public disclosure; materiality; false claims; volume of false claims; excessive fines; employee gifts as Medicare costs
DATE: 4/23/03
CASE NAME: Pentagen Technologies Int’l Ltd. v. United States
COURT: Second Circuit (unpublished decision)
ISSUES: Sanctions against plaintiff’s counsel; vexatious litigant
DATE: 4/10/03
CASE NAME: United States v. Sforza
COURT: Second Circuit\
ISSUES: Fraudulent benefits under the Federal Employee Compensation Act; preclusive effect; enforcement of settlement agreement; general release
DATE: 4/9/03
CASE NAME: Hays v. Hoffman
COURT: Eighth Circuit
ISSUES: Public disclosure; original source status; jurisdiction; state agency audit as public disclosure; materiality; false claims; volume of false claims; excessive fines; employee gifts as Medicare costs
CASE NAME: International Air Response v. United States
COURT: Federal Circuit
ISSUES: Collateral estoppel; res judicata; Contract Dispute Act; stay; All Writ’s Act; statute of limitations; petition for rehearing; sovereign immunity
DATE: 4/7/03
CASE NAME: United States ex rel. Gilbert v. Bay Area Rapid Transit Dist.
COURT: Ninth Circuit
ISSUES: Pro se plaintiff; vexatious litigant; public disclosure; false safety information as false claims
DATE: 4/1/2003
CASE NAME: United States v. Southland Mgmt. Corp.
COURT: Fifth Circuit
ISSUES: Falsity; false statements and false claims in HUD housing certification; materiality
DATE: 3/28/03
CASE NAME: United States ex rel. Siewick v. Jamieson Science and Eng’g Inc.
COURT: DC.Circuit
ISSUES: Section 3730(h); supervisors as employers; piercing the corporate shield
DATE: 3/27/03
CASE NAME: United States ex rel. Feingold v. Adminastar Federal, Inc.
COURT: Seventh Circuit
ISSUES: Public disclosure; original source; subject matter jurisdiction
ISSUES: Retaliation; conduct protected under the FCA; conduct actionable under the FCA
DATE: 3/5/03
CASE NAME: United States v. Caputo Co.
COURT: Ninth Circuit
ISSUES: False certifications of compliance with prevailing wage requirements; primary jurisdiction
DATE: 3/10/03
CASE NAME: Cook County, Illinois v. United States ex rel. Chandler
COURT: U.S. Supreme Court
ISSUES: Counties as persons; presumption against implied repeal; application of statute with criminal penalties to municipal corporations; presumption against imposition of punitive damages on local governmental entities; discretion to dismiss qui tam FCA suits
DATE: 2/18/03
CASE NAME: United States v. Hickman County, Tenn.
COURT: Sixth Circuit
ISSUES: Counties as persons subject to suit under the FCA
DATE: 2/10/03
CASE NAME: United States ex rel. Holmes v. United States
COURT: Tenth Circuit
ISSUES: Public disclosure; original source; government employee as person entitled to litigate qui tam claims
CASE NAME: United States ex rel. Roby v. Boeing Co.
COURT: Sixth Circuit
ISSUES: Interlocutory appeal; High Value Items Clause (HVIC); measure of FCA damages; consequential damages; defective components in Army helicopters; fraud by non-managerial personnel
DATE: 9/3/02
CASE NAME: Horizon West, Inc. v. St. Paul Fire and Marine Ins. Co.
COURT: Ninth Circuit (unpublished decision)
ISSUES: Insurance coverage for defense of FCA case; false Medicare claims; inadequate nursing home services
DATE: 8/14/02
CASE NAME: Larry D. Barnes, Inc. v. United States
COURT: Federal Circuit (unpublished decision)
ISSUES: Equitable adjustment; accord and satisfaction; Special Plea in Fraud, CDA, and FCA counterclaims
CASE NAME: United States ex rel. Augustine v. Century Health Services, Inc.
COURT: Sixth Circuit
ISSUES: False implied certification; scienter; cost report certifications; amended cost report; imposition of penalties; election of remedies
DATE: 5/3/02
CASE NAME: United States v. TDC Management Corp., Inc.
COURT: DC Circuit
ISSUES: Collateral estoppel; Board of Contract Appeals ruling; omission as source of FCA liability; damages; best efforts
DATE: 4/16/02
CASE NAME: United States ex rel. Totten v. Bombardier Corp.
COURT: DC Circuit
ISSUES: "Subject to" title 31; claim; submission of claim to federal grantee; Rule 9(b); application of Rule 9(b) to FCA cases
DATE: 4/16/02
CASE NAME: United States ex rel. Wood v. The American Institute in Taiwan
COURT: DC Circuit
ISSUES: Sovereign immunity; non-profit corporation; waiver of immunity
DATE: 4/11/02
CASE NAME: United States v. Southland Management Corp.
COURT: Fifth Circuit
ISSUES: Materiality; false certification; knowingly false; informal remediation process; government knowledge; outcome materiality vs. claim materiality; but- for causation; vague certification requirement; disputed legal questions as a basis for liability
ISSUES: Falsity; ambiguous regulation; alleged Medicare cost report fraud; government burden of proof in case involving criminal conspiracy and false statements allegations
DATE: 3/19/02
CASE NAME: Pfingston v. Ronan Engineering Co.
COURT: Ninth Circuit
ISSUES: Award of attorneys' fees against relator's counsel
DATE: 2/19/02
CASE NAME: United States ex rel. Holmes v. Consumer Insurance Group
COURT: Tenth Circuit
ISSUES: Public disclosure; government employee as relator; public policy; parasitic suits
DATE: 2/13/02
CASE NAME: Dookeran v. Mercy Hospital of Pittsburgh
COURT: Third Circuit
ISSUES: Section 3730(h); whistleblower retaliation; viability of underlying FCA action as basis for (h) claims; what qualifies as a "claim" under the FCA
DATE: 2/2/02
CASE NAME: United States ex rel. Quirk v. Madonna Towers, Inc.
CASE NAME: United States ex rel. Dunleavy v. County of Delaware
COURT: Third Circuit
ISSUES: FCA damages as punitive; municipal immunity from punitive FCA damages; immunity of individual officials sued under the FCA; municipal immunity from FCA claims filed by the United States
DATE: 1/22/02
CASE NAME: United States ex rel. Chandler v. Cook County, Illinois
COURT: Seventh Circuit
ISSUES: County as "person"; county immunity from treble FCA damages; FCA damages as punitive; discovery of confidential medical records
DATE: 1/17/02
CASE NAME: Minnesota Ass'n of Nurse Anesthetists v. Allina Health System Corp.
COURT: Eighth Circuit
ISSUES: Public disclosure; original source; ambiguous regulation; intent; association as relator in qui tam case
DATE: 1/4/02
CASE NAME: Moore v. California Institute of Technology Jet Propulsion Laboratory
COURT: Ninth Circuit
ISSUES: FCA claims based on alleged violations of quality of care and medical necessity regulations; express and implied certifications
CASE NAME: United States ex rel. Yesudian v. Howard University
COURT: DC Circuit
ISSUES: Supervisor as "employer" within the meaning of 31 U.S.C. § 3730(h)
DATE: 10/19/01
CASE NAME: United States ex rel. Gaudineer & Comito v. Iowa
COURT: Eighth Circuit
ISSUES: Qui tam suit against state official; futility of amending pleadings; official immunity from FCA liability
DATE: 9/24/01
CASE NAME: United States ex rel. Stone v. Rockwell International Corp.
COURT: Tenth Circuit
ISSUES: Public disclosure; original source; direct and independent information; effect of government intervention on public disclosure analysis; constitutional challenges to qui tam enforcement of the FCA
DATE: 4/2/01
CASE NAME: United States ex rel. Lee. v. SmithKline Beecham Corp.
COURT: Ninth Circuit
ISSUES: Rule 9(b); false certification of compliance; falsity of claims knowingly submitted for worthless services
DATE: 3/28/01
CASE NAME: United States ex rel. Garibaldi v. Orleans Parish School Board
COURT: Fifth Circuit
ISSUES: Local government entity as "person" under the FCA; FCA damages as punitive
ISSUES: Excessive FCA penalties; discretion to reduce FCA penalties
DATE: 5/22/00
CASE NAME: Vermont Agency of Natural Resources v. United States ex rel. Stevens
COURT: U.S. Supreme Court
ISSUES: Whether qui tam relators have standing to litigate the federal government's FCA claims; whether states and state agencies are "persons" subject to liability under the FCA; whether qui tam suits against states and state entities violate the 11th Amendment when the federal government declines intervention
DATE: 3/28/00
CASE NAME: United States v. United States ex rel. Thornton
COURT: Fifth Circuit Court of Appeals
ISSUES: What constitutes "proceeds" of an FCA settlement; valuation of claims; release of claims
DATE: 3/23/00
CASE NAME: United States ex rel. Doe v. X Inc.
COURT: Eastern District of Virginia
ISSUES: Applicability of bankruptcy automatic stay to qui tam suits
DATE: 3/23/00
CASE NAME: United States ex rel. Doyle v. Health Possibilities, P.S.C.
COURT: Sixth Circuit Court of Appeals
ISSUES: Government's right to veto settlement in cases in which it has declined intervention
CASE NAME: United States ex rel. Merena v. SmithKline Beecham Corp.
COURT: Third Circuit Court of Appeals
ISSUES: Relator's right to a share of proceeds attributable to publicly disclosed allegations
DATE: 2/7/00
CASE NAME: A-1 Ambulance v. State of California
COURT: Ninth Circuit Court of Appeals
ISSUES: Public disclosure; administrative hearings
DATE: 2/2/00
CASE NAME: United States ex rel. Berge v. University of Alabama
COURT: Fourth Circuit Court of Appeals (unpublished decision)
ISSUES: Costs of suit; prevailing party
DATE: 1/28/00
CASE NAME: United States v. Southland Management Corporation, Inc.
COURT: Southern District of Mississippi
ISSUES: Materiality as a requirement for liability under the FCA; false certifications
DATE: 12/29/00
CASE NAME: Ohio Hospital Association v. Shalala
COURT: Sixth Circuit Court of Appeals
ISSUES: Declaratory judgment; Ohio Hospital Project; judicial review of Medicare billing standards; discretion to sue under the FCA; standing of trade association.
CASE NAME: Riley v. St. Luke's Episcopal Hospital (vacated pending en banc review)
COURT: Fifth Circuit
ISSUES: Constitutionality of qui tam provisions (qui tam suits violate the separation of powers doctrine when the government declines intervention, because they interfere with the duty of the Executive to take care that the laws be faithfully executed)
DATE: 11/15/99
CASE NAME: United States v. Pemco Aeroplex
COURT: Eleventh Circuit
ISSUES: Reverse false claims; contractual obligation giving rise to potential liability under 31 U.S.C. Section 3729(a)(7)
DATE: 10/28/99
CASE NAME: United States ex rel. Bennett v. Genetics & IVF Institute
COURT: 4th Circuit (unpublished decision)
ISSUES: Materiality; non-compliance with contract terms
DATE: 10/27/99
CASE NAME: Ragsdale v. Rubbermaid
COURT: 11th Circuit
ISSUES: Res judicata; § 3730(h) claim; status of relator as party
DATE: 10/22/99
CASE NAME: United States ex rel. Oliver v. The Parsons Company
COURT: 9th Circuit
ISSUES: Falsity; scienter; good faith; reasonable interpretation of ambiguous regulations
CASE NAME: United States ex rel. Russell v. Epic Healthcare Management Group
COURT: 5th Circuit
ISSUES: Rule 9(b); relaxed pleading when facts are in exclusive control of defendant; time to appeal
DATE: 10/7/99
CASE NAME: United States and Harshman v. Alcan Electrical and Engineering, Inc.
COURT: 9th Circuit
ISSUES: Public disclosure; original source; Davis-Bacon Act; identity of defendants; similar practices
DATE: 10/5/99
CASE NAME: United States v. Krizek
COURT: DC Circuit
ISSUES: Number of claims; presumptions of falsity; methodology of counting claims; burden of proof; preponderance of the evidence
DATE: 9/29/99
CASE NAME: United States ex rel. Cantekin v. University of Pittsburgh
COURT: 3rd Circuit
ISSUES: Retroactivity of 1986 Amendments; date of disclosure vs. date of claims submission in determining retroactivity; summary judgment as to scienter; requirement of materiality and damages; effect of voluntary self-disclosure
DATE: 9/15/99
CASE NAME: Neal v. Honeywell
COURT: 7th Circuit
ISSUES: § 3730(h) claim; statute of limitations; interlocutory appeal, sufficiency of evidence at trial; duplicative recovery; double damages; special damages; liquidated damages; emotional distress; fee-shifting; attorneys' fees; actual costs; fees for expert witnesses
CASE NAME: United States ex rel. Hafter v. Spectrum Emergency Care, Inc.
COURT: 10th Circuit
ISSUES: Public disclosure; original source; direct and independent; disclosure to government prior to public disclosure; implied certifications of compliance; legislative history; remarks of sponsor
DATE: 8/27/99
CASE NAME: United States ex rel. Durcholz v. FKW Inc.
COURT: 7th Circuit
ISSUES: Prior government knowledge; falsity; conspiracy; bid
DATE: 8/24/99
CASE NAME: United States v. Chevron, U.S.A., Inc.
ISSUES: Interior Department Inspector General subpoena; DOJ civil investigative demand; protective order; mootness
DATE: 8/12/99
CASE NAME: American Textile Manufacturers Institute, Inc. v. The Limited
COURT: 6th Circuit
ISSUES: "Reverse" false claims; definition of "obligation" under Section 3729(a)(7); government benefit; recusal
DATE: 8/10/99
CASE NAME: United States v. Intervest Corporation
COURT: D. Mississippi
ISSUES: False certifications on Section 8 voucher claims that public housing was decent, safe and sanitary; materiality; technical materiality vs. substantive materiality; counterclaims; summary judgment
CASE NAME: United States v. Burns ex rel. United States
COURT: 6th Circuit
ISSUES: Public disclosure; original source; government employee
DATE: 5/21/99
CASE NAME: Wilkins v. Jakeway
COURT: 6th Circuit
ISSUES: ISSUES: Res judicata; claims splitting; issue preclusion; claim preclusion; final judgment on the merits; filing under seal
DATE: 5/17/99
CASE NAME: Harrison v. Westinghouse Savannah River Company
COURT: 4th Circuit
ISSUES: Materiality; necessity of damages; fraud in the inducement; false negotiation; implied and actual certifications of compliance; Rule 9(b); "estimates" as basis of FCA liability
DATE: 4/30/99
CASE NAME: United States ex rel. Long v. SCS Business & Technical Institute
COURT: DC Circuit
ISSUES: Supplemental opinion in response to Fifth Circuit's ruling in Foulds
DATE: 4/29/99
CASE NAME: In Re: Grand Jury Subpoena; Under Seal; Under Seal 2
COURT: Fourth Circuit
ISSUES: Motion to quash subpoena in criminal proceeding as directed solely toward discovery in civil qui tam suit
CASE NAME: United States ex rel. Garibaldi v. Orleans Parish School Board
COURT: E.D. Louisiana
ISSUES: Post-trial motions; discretion to reduce statutory penalties; municipality as "person" subject to suit under the FCA; Eleventh Amendment immunity of municipalities after Foulds; number of claims; judicial admissions; scienter; expert reports; attorneys' fees; lodestar; retaliation claim. Penalties assessed by jury ($7,850,000) reduced by judge to $100,000 on 4/27/99); Relator's Share: 25% of FCA damages and penalties; Whistleblower claims: Reinstatement; $103,000 in back wages; $65,000 for "pain and suffering" to each relator; Attorneys' fees: $240,165.00
DATE: 4/19/99
CASE NAME: United States v. D. L. Kaufman, Inc.
COURT: US Court of Appeals for the Federal Circuit
ISSUES: Transfer of Contracts Dispute to Court of Federal Claims; Jurisdiction Over FCA Allegations and Common Law Claims
DATE: 4/8/99
CASE NAME: U.S. ex rel. Norbeck v. Basin Electric Power
COURT: D.N.D. ISSUES: Alleged Misapplication of Sale-Leaseback Proceeds
OUTCOME Bench trial verdict for Plaintiffs $13,051,233 Single Damages, Trebled to $39,153,699 plus one $5,000 penalty. Claim for costs and attorneys fees pending. Government also prevailed on two contract claims, recovering a total of $8,232,031 on the contract claims (including interest)
DATE: 4/2/99
CASE NAME: United States ex rel. Long v. SCS Business & Technical Institute
COURT: Court of Appeals for the District of Columbia Circuit
ISSUES: States as "person" Subject to FCA Liability; Eleventh Amendment
DATE: 4/1/99
CASE NAME: United States ex rel. Stone v. Rockwell International Corporation
COURT: D. Colo. (Denver)
ISSUES: Alleged fraud related to environmental clean-up
OUTCOME: Jury verdict for plaintiffs in the amount of $1.4 million (plaintiffs sought more than $160 million)
OUTCOME: Jury Verdict for Relators FCA Damages and Penalties: $30.6 million - $37.8 million (pending ruling by judge). Whistleblower claims: Reinstatement; $103,000 in back wages; $65,000 for "pain and suffering" to each relator.
DATE: 9/18/98
CASE NAME: US ex rel. Aflatooni v. Kitsap Physicans Services
COURT: 9th Circuit
ISSUES: Public Disclosure; Original Source; Direct and Independent Knowledge
DATE: 9/9/98
CASE NAME: United States v. Texas Data Control
COURT: N.D. Texas (Dallas)
ISSUES: Alleged over billing; breach of contract counter claim
OUTCOME: Defense verdict; $15 million awarded to defendant on breach of contract claim (includes jury award, interest and attorneys' fees)
DATE: 9/4/98
CASE NAME: US. ex rel. Zissler v. U. Minn.
COURT: 8th Cir.
ISSUES: State immunity from FCA liability; State as "person"
DATE: 9/4/98
CASE NAME: U.S. ex rel. Rodgers v. State of Arkansas
COURT: 8th Cir.
ISSUES: Eleventh Amendment Immunity of States from FCA liability
ISSUES: Alleged fraudulent claims associated with repairs to military housing damaged by Hurricane Hugo
OUTCOME Jury verdict for plaintiffs in the amount of $2,041,155 (trebled to $6,126,465). Settled during appeal with $1,900,000 to government and $1,300,000 to relator
