U.S. ex rel. Drakeford v. Tuomey

Relator filed a qui tam action against Tuomey under the False Claims Act (FCA), 31 U.S.C. 3729-33, and the government intervened. The jury determined that Tuomey did not violate the FCA, but the district court vacated the verdict and granted the government's motion for a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive's deposition testimony. In this appeal, Tuomey contends that the district court erred in granting the government’s motion for a new trial, and Tuomey raised numerous other challenges. The court concluded that the district court correctly granted the government’s motion for a new trial, albeit for a reason different than that relied upon by the district court. The court affirmed the district court’s order granting a new trial on the alternative ground urged by the government - that it was prejudiced by the exclusion of the executive’s testimony and other related evidence of his warnings to Tuomey regarding the legal peril that the employment contracts posed. The court rejected Tuomey’s claims of error following the second trial. Accordingly, the court affirmed the district court’s judgment. View "U.S. ex rel. Drakeford v. Tuomey" on Justia Law