· 7/7/1995
United States of America Ex Rel., Mervyn A. Schwedt v. Planning Research Corporation, a Virginia Corporation
Citations
- 59 F.3d 196
- 313 U.S. App. D.C. 200
- 40 Cont. Cas. Fed. 76,810
- 1995 U.S. App. LEXIS 16540
- 1995 WL 380639
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that “an initial misrepresentation about [the defendant’s] capability to perform the contract” is an element of a fraudulent inducement claim
- finding that a defendant should be liable “only for those damages that would not have come about if the defendant’s misrepresentations had been true”
- reasoning that to state a fraudulent inducement claim, a plaintiff must plead that the defendant’s initial misrepresentation was made to induce the government to enter into the contract
- finding error in the district court’s “fail[ure] to consider that the individual progress reports, though not in themselves actual invoices, might constitute ‘false claims’ or ‘statements’ under the Act” giving rise to civil penalties
- claim need not be an invoice but may be a progress report submitted to induce payment
- “regardless whether the submission of the claim actually causes the government any damages . . . its very submission is a basis for liability”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edwards, Wald, Ginsburg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.