How False Claims Act Abuse Can Lead To Highway Robbery

Law360, New York (December 17, 2015, 10:40 AM EST) -- Victor E. Schwartz

Phil S. Goldberg Law360's MVP awards last month unwittingly identified a key problem with a high-profile lawsuit against Trinity Highway Products over the ET Plus guardrail end terminal system that Trinity manufactures. The plaintiffs' attorney who captained last year's $663 million verdict garnered a "Product Liability MVP" award. However, the case was not a product liability case; it was a False Claims Act case. The distinction between product and FCA liability may not mean much to the average person, but it could be a deciding factor when the U.S. Court of Appeals for the Fifth Circuit hears this...

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