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Civil False Claims Act: Fourth Circuit Holds That a "False Claim" Requires an "Objective Falsehood," Rejects Falsity Based on Disputed Legal Question, Requires Allegations of Materiality to Satisfy Rule 9(b) and Affirms Arbitration of Section 3730(h) Claims


by John T. Boese
Fried, Frank, Harris, Shriver & Jacobson LLP
Washington Office

April 13, 2009

Previously published on May 20, 2008

Last Friday, the Fourth Circuit Court of Appeals affirmed the dismissal of a qui tam case arising out of an Iraq "task order" contract alleging that the defendant fraudulently induced the Army to issue a task order for transportation services based on an allegedly false misrepresentation that it would comply with the task order's maintenance and safety requirements.


 

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