United States Fourth Circuit

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US ex rel. Oberg v. Pennsylvania Higher Education Assistance Agency, 12-2513

Dismissal of an action against defendant-student loan corporations alleging that they defrauded the Department of Education and so violated the False Claims Act (FCA) is: 1) vacated in part and remanded, with regard to defendants Pennsylvania Higher Education Assistance Agency (PHEAA) and Vermont Student Assistance Corporation (VSAC), where the relator has alleged sufficient facts that PHEAA and VSAC are not an arm of the state, but rather a "person" for FCA purposes; but 2) affirmed in part, as to defendant Arkansas Student Loan Authority (ASLA), where ALSA is an arm of Arkansas and so not subject to suit under the FCA.

Appellate Information

  • Decided 03/13/2014
  • Published 03/13/2014

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel

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