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· 8/27/1999

United States of America Ex Rel. Robert A. Durcholz, and Durcholz Excavating and Construction Co., Inc. v. Fkw Inc.

Citations

  • 189 F.3d 542
  • 1999 U.S. App. LEXIS 20281
  • 1999 WL 667264

How courts have described this case

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

  • recognizing in certain cases “the [G]overnment’s knowledge [of the particulars of a claim] effectively negates the fraud or falsity required by the FCA”
  • affirming summary judgment where Relator’s evidence “did not tend to show that [one defendant] shared [the other defendant’s] conspiratorial motive”
  • “If the government knows and approves of the particulars of a claim for payment before that claim is presented, the presenter cannot be said to have knowingly presented a fraudulent or false claim.”
  • “The FCA provides 8 for conspiracy claims, and general civil conspiracy principles apply.”
  • general civil conspiracy principles apply to conspiracy claims under the FCA

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Cudahy, Rovner

Read full opinion on CourtListener

Sourced 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.