Contract Non-Compliance

Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss

By the C|C Whistleblower Lawyer Team Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information.  It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...

Whistleblower Goes it Alone and Wins Big in Guardrail Case

By the C|C Whistleblower Lawyer Team A federal jury in Texas this past Monday came down hard against highway guardrail maker Trinity Industries in a whistleblower action brought by one of Trinity's competitors, a guardrail installer named Joshua Harman.  He claimed Trinity cut corners on its guardrails, did not come clean with the government, and ultimately put millions of motorists at serious risk.  The jury...