Marsteller et al v. Tilton et al
Plaintiff: Philip Marsteller and Robert Swisher
Movant: United States of America
Case Number: 5:2013cv00830
Filed: May 3, 2013
Court: US District Court for the Northern District of Alabama
Office: Northeastern Office
County: XX US, Outside State
Presiding Judge: Abdul K Kallon
Nature of Suit: Other Statutory Actions
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 27, 2021 Opinion or Order Filing 301 MEMORANDUM OPINION-A hybrid approach to the issue of damages, which instructed the jury to evaluate first whether MDHI'S allegedly fraudulent conduct completely compromised the purpose of the FMS contracts at issue, was warranted in this case. Signed by Judge Abdul K Kallon on 09/27/2021. (AKD)
August 23, 2021 Opinion or Order Filing 209 MEMORANDUM OPINION AND ORDER-The defendants motion for summary judgment, 171 , is GRANTED solely as to the relators pricing-based fraudulent inducement theory, FAR-based fraudulent inducement theory regarding the Afghanistan primary trainer contract and CLS modification, and conspiracy claim. Accordingly, the claims in Counts I-V related to a price-based fraudulent inducement theory, the FAR-based fraudulent inducement theory pleaded in Counts I and II, and the conspiracy claim in Count VI, are DISMISSED WITH PREJUDICE. The motion is DENIED as to the relators FAR-based theory of fraudulent inducement regarding the El Salvador (Count III), Saudi Arabia (Count IV), and Costa Rica (Count V) contracts. This matter will proceed to trial solely as to the FAR-based theory on these three contracts. Signed by Judge Abdul K Kallon on 08/23/2021. (AKD)
September 30, 2019 Opinion or Order Filing 120 MEMORANDUM OPINION AND ORDER - The MD Defendants' motion to dismiss, 106 , is GRANTED as to the FCA claims based on the implied certification theory and the conspiracy claim against Patriarch, and Col. Vergez's motion to dismiss, 107 , is DENIED. The conspiracy claim against Patriarch is DISMISSED WITHOUT PREJUDICE, and the Relators may amend their complaint to replead their FCA claims based on the implied certification theory by filing a third amended complaint by 10/10/2019. Signed by Judge Abdul K Kallon on 9/30/2019. (AFS, )
March 31, 2016 Opinion or Order Filing 77 MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 3/31/2016. (DWC, )
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Plaintiff: Philip Marsteller
Represented By: Phillip E Benson
Represented By: Mary Lester Marshall
Represented By: Gerald Charles Robinson
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Plaintiff: Robert Swisher
Represented By: Phillip E Benson
Represented By: Mary Lester Marshall
Represented By: Gerald Charles Robinson
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Movant: United States of America
Represented By: Joyce White Vance, US Attorney
Represented By: Mary Lester Marshall
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