Track this case
Appellate - 9th Circuit
3375 Other Statutes - False Claims Act
A pipe importer is calling on the Ninth Circuit to toss a $26 million fraud verdict, arguing that the Tariff Act of 1930 — and specifically its provisions about duty liquidation and penalty caps — leave no room to invoke the False Claims Act.
The federal government and a whistleblower have renewed calls for a Ninth Circuit panel to affirm $26 million in damages and penalties a California federal judge awarded against a pipe manufacturer for skirting customs duties.
After the U.S. Supreme Court recently fortified barriers to escaping False Claims Act suits, defense counsel have started trying to turn the stumbling blocks into stepping stones, insisting the justices actually made matters harder for FCA plaintiffs alleging fraud and retaliation.
The U.S. Supreme Court's ruling that faulty yet reasonable compliance views can trigger False Claims Act liability is undermining defense bar positions in wide-ranging contexts, including a new circuit split over FCA cases involving kickbacks, according to the U.S. Department of Justice.
A Ninth Circuit judge's unexpected query into whether district courts can hear False Claims Act cases alleging customs fraud threatens the ability of whistleblowers to pursue allegations involving billions of dollars of imports brought into some of the country's busiest harbors.
The federal government and a relator have both urged the Ninth Circuit to rule that a district court could decide a False Claims Act case finding an importer wrongly skirted duties on pipe fittings, after the court asked for extra briefing on jurisdiction.
The U.S. Chamber of Commerce has urged the Ninth Circuit to reverse a lower court's $24 million judgment against a New Jersey-based waterworks and fire protection company, saying the judgment will harm businesses and ultimately increase the costs of goods and services.