ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Qui Tam Blogs -> Virginia Qui Tam Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Qui Tam

: Virginia Qui Tam Law

Breaking News: U.S. Supreme Court announces its decision in Allison Engine case

By Zachary A. Kitts

ADVERTISEMENTS


    The Supreme Court today announced its opinion in Allison Engine Co., Inc., et al. v. United States ex rel Sanders, et al. Case No. 07-214.  To read the opinion, click here.

    As a recap, Allison Engine is important because it resolves a Circuit split on the issue of presentment--i.e., whether a false claim that otherwise qualifies as a violation of the False Claims Act must be presented to an actual officer or employee of the federal government in order to create liability under 31 U.S.C. 3729(a)(2).    

    Previously, the D.C. Circuit had held, in U.S. ex rel Totten v. Bombardier Transportation Corp., 380 F3d 488 (D.C. Cir. 2004) that the FCA contains a presentment requirement.  As a result, a false claim made to Amtrak (for not delivering contracted for materials for Amtrak trains) was not the same thing as submitting a false claim to the federal government. 

    Allison Engine, until today, stood at the opposite end of the spectrum.  In the Sixth Circuit's view, liability arose without presentment to a government official, so long as the government (or relator) can show that government funds ultimately paid the claim.
See, Allison Engine, 471 F.3d 610 (6th Cir. 2006).  

    The question is of paramount importance because of the prevalence of sub-contracting relationships.  In the eyes of some, sub-contractors--and their prime contractor clients--may well get away with murder, because they will be essentially immune from suit.  Personally, I doubt this outcome--which is the worst-case scenario--will materialize, although I do think we can pretty much count on claims under 31 U.S.C. 3729(a)(2) and (a)(3) becoming much harder to prove.   

    It is always hazardous, however, to analyze Supreme Court decisions on the fly, and so I will leave it at that for today.  Suffice to say here that there is often a silver lining to such holdings.  Many qui tam commentators were fearful after the Court's decision in Rockwell last year; it is fair to say, however, that on the whole there have been some upsides to the Supreme Court's ruling in Rockwell. 

    Hopefully we can count on this opinion to reinvigorate the push to get the False Claims Correction Act through the full Senate.  

Zachary Kitts 
Cook & Kitts, PLLC


     

Full post as published by Virginia Qui Tam Law on June 09, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0232 secs (new cache)