False Marking Qui Tam Provision Found Unconstitutional

Law360, New York (February 23, 2011, 8:31 PM EST) -- In a decision that could have a chilling effect on the recent rash of false marking case filings, a federal judge in Ohio on Wednesday found the qui tam provision of the false marking statute to be unconstitutional.

Judge Dan Aaron Polster of the U.S. District Court for the Northern District of Ohio ruled that the qui tam provision of 34 U.S.C. Section 292, known as the false marking statute, violates the take care provision of Article II of the U.S. Constitution, in granting Hy-Grade Valve...
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