EnergySolutions Radioactive Waste Suit Revived

Law360, New York (August 6, 2010, 1:04 PM EDT) -- A federal appeals court has revived a suit accusing EnergySolutions Inc. of fraudulently billing the U.S. government for shoddily done hazardous and radioactive waste disposal work.

The district court misunderstood the standard for claims under the False Claims Act when it tossed relator Jolene Lemmon's suit with prejudice, the U.S. Court of Appeals for the Tenth Circuit said in an opinion filed Wednesday.

The district court tossed Cole's third amended complaint because it did not allege that EnergySolutions promised the government it was complying with its...
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