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U.S. Court of Appeals for the Sixth Circuit

Case Status

Decided

Oral Argument Date

September 14, 2016

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Sixth Circuit expands state False Claims Act liability

March 24, 2017

The Sixth Circuit held that the Tennessee 911 Law permits a right of action by counties against a service supplier to effectuate its requirements and serve its purposes.

U.S. Chamber urges Sixth Circuit to affirm limits to Tennessee False Claims Act liability

May 19, 2016

The U.S. Chamber filed an amicus brief urging the Sixth Circuit to reject two novel means of imposing liability on defendants for alleged violations of state statutory requirements. First, the brief argued that the court should not imply a right of action under the applicable Tennessee 911 Law or state common law for an alleged violation of the statute, particularly where the legislature chose other means of enforcement. Second, the brief argued that the Tennessee False Claims Act, which mirrors the federal False Claims Act, does not impose liability when the asserted false claim is based on a genuine disagreement over statutory interpretation.

Jonathan G. Cedarbaum, Brook Hopkins and Sameer Ahmed of Wilmer Cutler Pickering Hale and Dorr LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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