Pickens v. Kanawha River Towing

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting defendant’s argument that remedies under federal Clean Water Act preempted relator’s action under the FCA
• indicating that the relator’s description of the parties involved, the exact contract at issue, and the provision of the contract that pertained to the alleged misconduct was sufficient to provides the defendants adequate notice of the alleged fraud
• finding a valid reverse false claim in the allegation that, by failing to note in its vessel’s logs the discharge of pollution, the defendant avoided paying fines to the government
• “Generally federal law disfavors preemption of one federal law by another, unless there is an ‘express manifestation- of intent.’”
• “[A] contractor who knowing fails to perform a material requirement of it contract ... yet seeks or receives payment as if it fully performed without disclosing the nonperformance, has presented a false claim to the government and maybe liable therefor.”
• discussed the failure to record discharges on a vessel’s log

Source: CourtListener parenthetical corpus (CC0).