Fla. Water District Says Sovereign Immunity Bars FCA Suit

Law360, New York (July 18, 2012, 7:51 PM EDT) -- The South Florida Water Management District on Wednesday asked a judge to toss a False Claims Act suit filed by a former employee accusing the agency of submitting fraudulent hurricane repair costs to FEMA, saying states can't be sued under the act.

The district cited the 11th Amendment to the Constitution and several precedential opinions that found states and state agencies are not “persons” as defined under the False Claims Act in its bid to toss plaintiff Michael Lesinski's claim that the district submitted false claims...
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