United States Tenth Circuit

In a False Claims Act action against a government contractor by one of its former employees alleging improper hazardous-and-radioactive-waste-disposal, the dismissal of the complaint is reversed where: 1) implied false certification claims did not involve -- let alone require -- an explicit certification of regulatory compliance; and 2) to sustain their express certification claims, plaintiffs needed only to have alleged, with sufficient factual basis, that the requests contained a false statement and that the statement was material to the government's decision to pay.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• Paul J. Kelly

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Appel, Rodney G. Snow