US ex rel. Lemmon v. Envirocare of Utah, Inc., No. 09-4079, involved a False Claims Act action against a government contractor by one of its former employees alleging improper hazardous-and-radioactive-waste-disposal. The court reversed the dismissal of the complaint, holding that 1) implied false certification claims did not involve – let alone require – an explicit certification of regulatory compliance; and 2) to sustain their express certification claims, plaintiffs needed only to have alleged, with sufficient factual basis, that the requests contained a false statement and that the statement was material to the government’s decision to pay.
Related Resources
- Full Text of US ex rel. Lemmon v. Envirocare of Utah, Inc., No. 09-4079
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