United States Fourth Circuit
US ex rel. Oberg v. Kentucky Higher Education Student Loan Corp., 10-2320
In a False Claims Act (FCA) case brought as a qui tam action, alleging defendant corporations organized by four states defrauded the US Department of Education, the district court's grant of defendants' motions to dismiss on the ground that they were "state agencies" and therefore not subject to suit under the FCA as interpreted in Vermont Agency of Natural Resources v. US ex rel. Stevens, 529 U.S. 765, 787-88 (2000), is vacated and remanded for further proceedings where the district court did not employ the arm-of-the state analysis in determining whether each of the defendants is a state agency subject to suit under the FCA.
Appellate Information
- Decided 06/18/2012
- Published 06/18/2012
Judges
- DIANA GRIBBON MOTZ
Court
- United States Fourth Circuit