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ARTICLE · 26 OCTOBER 2021

Notice Of Appeal Fall 2021

Cozen O'Connor
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A construction contractor agreed to improve a railroad track — a project partially funded by the federal government. The contractor misclassified its laborers, although its federal contract required...

United StatesLitigation, Mediation & Arbitration
Stephen Miller
Stephen Miller
Catherine Yun
Catherine Yun

A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

Precedential Opinions of Note

Court Holds 2009 Amendments to 31 U.S.C. § 3729(a)(1)(B) Apply Retroactively

United States ex rel. International Brotherhood of Electrical Workers Local Union No. 98 v. The Fairfield Company (July 13, 2021), No. 20-1922
http://www2.ca3.uscourts.gov/opinarch/201922p.pdf
Unanimous decision: Smith (writing), McKee, and Ambro

Background

A construction contractor agreed to improve a railroad track - a project partially funded by the federal government. The contractor misclassified its laborers, although its federal contract required accurate classification under a federal wage law. IBEW Local 98, as Relator, sued under the False Claims Act. It alleged the contractor falsely certified payrolls and submitted those payrolls to the government, in exchange for funding.

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