United States v. Bollinger Shipyards, Inc., No. 13-31301 (5th Cir. 2014)
Annotate this CaseThe United States filed suit under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., alleging that Bollinger knowingly submitted false statements and false claims for payment to the government in relation to a government contract under which Bollinger was to modify eight vessels owned by the Coast Guard. The district court granted Bollinger's motion to dismiss under Rule 12(b)(6) and the United States appealed. The court concluded that the United States alleged sufficient facts in its complaint to allow a factfinder to infer that Bollinger either knew that their statements were false or had a reckless disregard of their truth or falsity. Accordingly, the court reversed and remanded for further proceedings.
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