FCA Alert

FCA Alert

Monthly Archives: June 2011

Florida District Court Rejects Hospital District’s Eleventh Amendment Defense to FCA Action

Posted in Articles
In United States ex rel. Baklid-Kunz v. Halifax Hospital Medical Center, et al., No. 6:09-cv-1002-Orl-31DAB (M.D. Fla. June 6, 2011), the Middle District Court of Florida denied a defendant’s motion to dismiss False Claims Act (FCA) and other federal statutory claims on grounds of Eleventh Amendment immunity.  The defendant, Halifax, is a public hospital district … Continue Reading

District Court Dismisses FCA Action, Holding FCA is “Not a Strict Liability Statute”

Posted in Decisions Interpreting FCA Elements
On June 9, 2011, the District Court of Massachusetts in United States ex rel. Saltzman v. Textron Systems Corp., et al., Civil Action No. 09-cv-11985-RGS (D. Mass. June 9, 2011), dismissed a federal False Claims Act lawsuit alleging that Textron Systems, a defense contractor, submitted false claims for reimbursement for workers’ compensation insurance premiums.  The … Continue Reading

11th Circuit Affirms Dismissal of FCA Claims Against Lockheed Martin Regarding Allegedly Defective Coatings on F-22 Stealth Aircraft

Posted in Rule 9(b) Decisions
Former senior engineer at Lockheed Martin Corp., Darrol Olsen, filed a False Claims Act lawsuit against Lockheed, alleging that Lockheed used inferior and defective coatings on F22 aircraft.  The coatings are allegedly critical for the F22s stealth capability. The U.S. Air Force purchased 648 of these F-22s from Lockheed at a cost of about $87 … Continue Reading

Florida District Court Denies Weapons Contractors’ Motion to Dismiss

Posted in Rule 9(b) Decisions
In United States ex rel. King v. DSE, Inc., et al., No. 8:08-cv-02416-SDM-EAJ (M.D. Fla. May 17, 2011), the Middle District Court of Florida denied various defense contractors’ motions to dismiss for failure to plead fraud with particularity.  The defendant contractors are weapons manufacturers retained by the government for the supply of grenades.  The relator, … Continue Reading

Kansas District Court Requires Relators to Produce Documents Withheld As Work Product

Posted in Evidentiary Issues
In United States ex rel. Minge v. TECT Aerospace, Inc. et al., Case No. 07-1212-MLB, Relators filed a False Claims Act lawsuit on behalf of the United States against defense contractors, alleging that the defendants manufactured aircraft parts with a “defective process” and were liable under the FCA for violations of express and implied certifications. Relators … Continue Reading
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