Legal Opinion

United States ex rel. Grupp v. DHL Express (USA), Inc.

District Court, W.D. New York

Decided September 10, 2014No. 08-CV-301CPublishedCited by 1 opinion

1Opinion of the Court

BACKGROUND

JOHN T. CURTIN, District Judge.

This is a qui tam action brought by the relators on behalf of the United States for alleged violations of the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. Relators assert that the defendants have violated the FCA by improperly billing the United States for jet fuel surcharges on deliveries that traveled solely by ground transportation. Specifically, relators allege that the defendants “falsely and fraudulently misrepresented that certain Next Day and 2nd Day shipments were delivered by air such that jet fuel surcharges were necessary, when, in…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Harris v. MillsCourt of Appeals for the Second Circuit · 2009
  4. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007

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3Cited by1 opinion

  1. The Power Authority of the State of New York, ex rel. Solar Liberty Energy Systems, Inc. v. Advanced Energy Industries, Inc.District Court, W.D. New York · 2020

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