On June 16, 2016, the U.S. Supreme Court ruled in the matter of Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), changing the legal landscape for False Claims Act qui tam claims concerning the implied false certification theory of liability. This article will discuss the Escobar holding and examine relevant considerations for contractors in light of this ruling.

Continue Reading US Supreme Court False Claims Act Decision in Escobar Has Significant Implications for Contractors

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered against them under the federal False Claims Act (FCA). At the conclusion of a six-day trial that commenced on October 13, 2014, the jury rendered a unanimous verdict, finding Trinity “knowingly made, used, or caused to be made or used, a false record of statement material to a false or fraudulent claim” in violation of the FCA. The jury unanimously found that the U.S. government suffered damages in the amount of $175,000,000 as the result of Trinity’s FCA violations.

Continue Reading A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

Al Munford, Inc. v. United States,
1995 U.S. Claims LEXIS 163 (Cl. Ct. August 15, 1995)
False Claims Act – Federal contractor violated the False Claims Act, 41 U.S.C. 3729 (1988) when it submitted a certified claim to the contracting officer which included amounts which the Government had previously paid.

Continue Reading Claims Court Reviews Standards for False Claims Act and Contracts Disputes Act Liability for Inaccurate Claims