Trinity Can't Dodge FCA Suit Over Defective Guardrails

Law360, New York (January 6, 2014, 4:21 PM EST) -- A Texas federal judge Monday declined to toss a False Claims Act suit alleging that Trinity Industries Inc. secretly changed the design of its ET-Plus guardrail end terminal, finding the plaintiff entitled to additional discovery to prove his accusations.

The FCA complaint was brought against the highway guardrail manufacturer by relator Joshua Harman of Swords Creek, Va., on March 6, 2012, following his publicity campaign to highlight the deficiencies of the new ET-Plus, according to the opinion.

District Judge Rodney Gilstrap of the Eastern District of...
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