Legal Opinion
United States ex rel. Kirk v. Schindler Elevator Corp.
District Court, S.D. New York
Decided February 22, 2013No. 05 Civ. 2917(SHS)PublishedCited by 9 opinions
1Opinion of the Court
OPINION & ORDER
SIDNEY H. STEIN, District Judge.
Daniel Kirk, proceeding as qui tam relator on behalf of the United States, has alleged that requests by defendant Schindler Elevator Corp. for payment from federal agencies for construction work it performed violated the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733. Kirk does not allege that Schindler defrauded the government by requesting payments for work it did not perform. Claims to federal funds can violate the FCA for a variety of reasons, including that the submission of the claim for payment by Schindler constitutes an implied false…
2Cases cited30 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Foman v. DavisSupreme Court of the United States · 1962
- McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
- Mayle v. FelixSupreme Court of the United States · 2005
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
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3Cited by9 opinions
- United States ex rel. Wood v. Allergan, Inc.District Court, S.D. New York · 2017
- United States ex rel. Kolchinsky v. Moody's Corp.District Court, S.D. New York · 2016
- Leber v. Citigroup 401(k) Plan Investment CommitteeDistrict Court, S.D. New York · 2015
- United States ex rel. Kirk v. Schindler Elevator Corp.District Court, S.D. New York · 2015
- Adams v. City of New YorkDistrict Court, E.D. New York · 2024
4 more not listed; retrieve them via the Exa API.