US ex rel. Smith v. Boeing Co.

Posted on October 14, 2014 in Case Cites

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US ex rel Smith v Boeing Case No. 05-1073-MLB (D.Kansas Oct. 8, 2014) The court granted Boeing’s motion for summary judgment, finding that there were reasonable conflicting interpretations of the contract’s requirements, undermining any claim of knowing false certification, and that the FAA had specifically investigated and rejected Relator’s interpretations.... Continue Reading →

Tags: Boeing, expertise, FAA, False Claims Act, FCA, interpretations, Regulations, Smith, summary judgment

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US ex rel. Kelly v. Serco, Inc.

Posted on October 14, 2014 in Case Cites

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US ex rel Kelly v Serco Case no. 11cv2975 /WQH-RBB (S.D.Cal. Oct. 6, 2014) Relator alleged the Defendant failed to follow government time and cost reporting requirements. The court found that Defendant impliedly certified compliance with certain regulations. However, the court found that the regulations, which applied to the Department... Continue Reading →

Tags: Department of Defense, Department of Homeland Security, False Claims Act, FCA, implied certification, Kelly, Regulations, Serco, summary judgment

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Here Be Dragons – Regulatory Law and the Advice-of-Counsel Defense

Posted on July 20, 2012 in Legal Updates, Statutes and Regulations

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  by David B. Honig Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books.  The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages.  Intended... Continue Reading →

Tags: Advice of Counsel, attorney-client privilege, CFR, Code of Federal Regulations, False Claims Act, Federal Register, knowledge, mens rea, Regulations, waiver

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