United States Second Circuit

In plaintiff's claims regarding the misuse of a research training grant brought on behalf of the government pursuant to the False Claims Act, district court's denial of defendants' motion for judgment as a matter of law and their motion for a new trial is affirmed where: 1) if the government has provided funds for a specified good or service only to have defendant substitute a non-conforming good or service, a court may, upon a proper finding of False Claims Act liability, calculate damages to be the full amount of the grant payments made by the government after the material false statements were made; 2) there was sufficient evidence from which a reasonable jury could determine that the false statements at issue were material to the government's funding decision; and 3) the district court did not abuse its discretion in excluding evidence of inaction on the part of the National Institutes of Health in response to the plaintiff's complaint regarding the fellowship program in which he had been enrolled.

Appellate Information

• Decided 09/05/2012
• Published 09/05/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel