Fourth Circuit Says Lower Court Correctly Dismissed FCA Claims Regarding Embassy

The U.S. Court of Appeals for the Fourth Circuit July 16 held that a False Claims Act relator failed to produce evidence either of knowing misrepresentations on the defendant's part or of having been mistreated for any actions taken to further his False Claims Act (FCA)claims (United States ex rel. Owens v. First Kuwaiti General Trading & Contracting Co., 4th Cir., No. 09-1899, 7/16/10).

Alison Doyle of McKenna Long & Aldridge LLP in Washington, D.C., stated that this case is "a lesson to the FCA plaintiffs bar that you cannot simply allege performance problems and survive summary judgment; there must be substance to fraud claims."

For full text of this article please visit www.bna.com.