Barry J. Armstrong
Barry Armstrong's practice encompasses a broad range of complex litigation, including business disputes, shareholder actions, lender liability, white collar criminal defense, whistleblower actions and health care fraud. Mr. Armstrong has served as lead trial counsel in numerous cases tried in state and federal courts, as well as before the American Arbitration Association.
A former Judge Advocate in the U.S. Marine Corps, Mr. Armstrong graduated first in his class at the Naval Justice School and reached the rank of Captain before entering private practice.
- Representation of national home health care provider in multi-state criminal and civil investigation for potential False Claims Act violations related to Columbia Hospital Systems. Settlement reached with multiple government agencies.
- Representation of largest Georgia based home health care provider in criminal and civil investigation under False Claims Act. Settlement reached with Federal and State governments. Successful defense of company at trial in two cases brought by former employees under the anti-retaliation provision of the False Claims Act.
- Lead arbitration counsel for insureds in coverage action resulting in award in excess of $50 million.
- Representation of large New York based drugstore company in False Claims Act investigation of prescription drug billing program. Favorable settlement reached with Federal and State Governments.
- Representation of specialty rubber manufacturer in False Claims Act case related to government defense contract. Successfully convinced the Government to decline to intervene in the case. Related defense of retaliatory discharge claim under the False Claims Act by former employee resulting in a favorable settlement.
- Representation of the City of Augusta, Georgia in False Claims Act case brought by local dairy farmers. Obtained dismissal of case in the District Court which was affirmed on appeal.
- Representation of four scientists employed by Environmental Protection Agency in False Claims Act case. Obtained dismissal of case at the District Court which was affirmed on appeal.
- Representation of cable television provider in eminent domain dispute with the Georgia Department of Transportation resulting in settlement more than four times greater than the amount offered by the government.
- Representation of large Georgia manufacturer in shareholder dispute resulting in dismissal of derivative action.
- Haddle v. Garrison, 119 U.S. 489 (1998)
- Mann v. Olsten, 49 F. Supp.2d 1307 (M.D. Ala. 1999)
- U.S. ex rel. McElmurray v. Augusta, 464 F. Supp.2d 1327 (N.D. Ga. 2006) aff’d 501 F.3d 1244 (11th Cir. 2007)
- U.S. ex rel. Lewis v. Walker, 738 F.Supp.2d 1284 (M.D. Ga. 2010)
- Walker v. Center for Food Safety, 667 F.Supp.2d 133 (D.D.C. 2009)
- CPI Phipps LLC v. 100 Park Avenue Partners, LP, 288 Ga.App. 614 (2007)
- Waste Management of Metro Atlanta v. Appalachian Waste Systems, LLC, 286 Ga.App. 476, (2007)
- BellSouth Telecommunications, Inc. v. MCIMetro Access Transmission Services, LLC, 425 F.3d 964 (11th Cir. 2005)
- Smith v. Gentiva Health Services (USA) Inc., 296 F.Supp.2d 758 (E.D.Mich., 2002)
- Heinsimer v. Wellington Leisure Products, Inc., 231 Ga.App. 579 (1998)
- J.D., University of Florida College of Law, high honors, 1991
- B.A., Finance, University of South Florida, 1987
- Supreme Court of Georgia
- U.S. Court of Appeals for the Eleventh Circuit
- Court of Appeals for the State of Georgia
- Supreme Court of the United States
- U.S. District Court for the Eastern District of Georgia
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Northern District of Georgia
Seminars and Presentations:
- "How to Defend Cases Under the False Claims Act and the New State False Claims Act," State Bar of Georgia Whistleblower Law Symposium, (September 2007).
- Georgia Tort Reform, (March 2005).
- "Whistleblowing: Responding Effectively to Internal Complaints of Fraud and Wrongdoing under the Civil False Claims Act," PricewaterhouseCoopers General Counsel Forum, Atlanta, Georgia, (November 2003); Denver, Colorado (November 2002).