United States Sixth Circuit

In a suit filed by the United States against United Technologies under the False Claims Act and common law, seeking reimbursement for manipulating cost estimates to convince the Air Force to award the company a large share of the work to make fighter jet engines, district court's judgment is affirmed in part, reversed in part and remanded where: 1) district court's finding of liability is affirmed as defendant violated sections 3729(a)(1) and 3729(a)(2), by submitting fraudulent invoices to the government; 2) district court's conclusion that defendant's conduct caused no damages is reversed, and on remand, the district court should calculate what the government eventually paid each year, what it should have paid each year based on what the government received, then take the difference between the two; and 3) district court's ruling that the government's administrative proceedings precluded it from raising its common law claims is reversed and remanded.

Appellate Information

• Argued 08/03/2010
• Decided 11/18/2010
• Published 11/18/2010

Judges

• SUTTON

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Alan S. Gale, Jeffrey A. Hall