February 9, 2004

COURT ALLOWS DMJM TO BE TRIED FOR FALSE CLAIMS

United States Court of Appeals for the Ninth Circuit

In a Qui Tam action under the False Claims Act (essentially, a whistler blower suit), a US Court of Appeals rejected a district court’s summary judgment that held Daniel, Mann, Johnson & Mendenhall (DMJM) was not subject to liability because DMJM was acting as an agent of the state when it allegedly submitted false claims. In addition to declaring that DMJM did not have immunity, the Court of Appeals ruled summary judgment could not be affirmed on alternate grounds because the plaintiff raised genuine issues of material fact as to whether DMJM knowingly submitted false claims.

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