United States Second Circuit
US v. DHL Express (USA), Inc., 12-3829
Dismissal of a qui tam action brought under the False Claims Act (FCA), which alleged that defendant billed the United States jet fuel surcharges on shipments that were transported exclusively by ground transportation, is vacated and remanded, where: 1) the statutory notice requirement that applies to shipping-rate disputes before the Surface Transportation Board does not apply to a qui tam action under the FCA; and 2) the district court erred in concluding otherwise.
Appellate Information
- Decided 02/05/2014
- Published 02/05/2014
Judges
- WINTER
Court
- United States Second Circuit