U.S. ex rel. Harman v. Trinity Industries, Inc.
- Case Date: 3/28/2016
- Project Name: Reining in the Plaintiffs' Bar
On March 28, 2016, WLF filed a brief in the U.S. Court of Appeals for the Fifth Circuit, urging it to overturn a $663 million False Claims Act judgment imposed on a manufacturer for allegedly defrauding the federal government by selling highway guardrails that allegedly did not comply with federal regulations. WLF argued that plaintiffs’ lawyers should not be permitted to pursue FCA claims when (as here) federal government officials declare themselves fully satisfied with a contractor’s performance. The plaintiff competes with the defendant in the guardrail industry; he is purporting to sue in the name of the federal government to recover funds allegedly wrongfully paid to a government contractor. If the judgment is upheld on appeal, he is slated to receive 30% of the award as a bounty. WLF argued that FCA liability is intended to root out actual fraud against the federal government, not to police compliance with every regulatory requirement imposed on a government contractor.
|Oral argument held December 7, 2016. Awaiting decision.|
More Information and Downloads:
3/28/2016: Download the Brief