United States Ninth Circuit

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US ex rel. Kelly v. Serco, Inc., 14-56769

In an action under the False Claims Act, alleging that plaintiff's former employer submitted fraudulent claims for payment to the United States for work done under a government contract, specifically the Advanced Wireless Systems Spectrum Relocation Project, a project to upgrade the wireless communications systems situated along the US-Mexico border for the Department of Homeland Security, Customs and Border Protection (DHS), the district court's summary judgment in favor of defendant is affirmed where plaintiff did not satisfy the standard for materiality set forth in Universal Health Servs., Inc. v. USex rel. Escobar, 136 S. Ct. 1989 (2016) because there was no genuine issue of material fact as to the materiality of Serco's compliance with the American National Standards Institute/Electronic Industries Alliance Standard 748 (ANSI-748) or its obligation to provide valid earned value management (EVM) reports.

Appellate Information

  • Decided
  • Published 2017/01/12




  • United States Ninth Circuit