Legal Opinion

United States ex rel. Plumbers & Steamfitters Local Union No. 38 v. C.W. Roen Construction Co.

Court of Appeals for the Ninth Circuit

Decided July 13, 1999No. 97-17204PublishedCited by 10 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.

REINHARDT, Circuit Judge:

In this qui tam action, Plumbers and Steamfitters Local No. 38 alleges that C.W. Roen Construction Company and its president and office manager violated the False Claims Act (FCA), 31 U.S.C. §§ 3729-33, by certifying falsely that the Company had paid the applicable prevailing wage as required by the Davis-Bacon Act and related federal laws, when in fact it had paid its employees at a lower rate. The district court found that because the Department of Labor had not conducted an area practice survey for the area in…

2Cases cited11 opinions

  1. Chen-Cheng Wang, AKA C.C. Wang, an Individual and Ex Rel. The United States of America v. Fmc CorporationCourt of Appeals for the Ninth Circuit · 1992
  2. Kennedy v. Silas Mason Co.Supreme Court of the United States · 1948
  3. United States ex rel. Hopper v. AntonCourt of Appeals for the Ninth Circuit · 1996
  4. United States of America, Ex Rel. James M. Hagood v. Sonoma County Water Agency, James M. Hagood v. Sonoma County Water AgencyCourt of Appeals for the Ninth Circuit · 1991
  5. James M. HAGOOD, Plaintiff-Appellant, v. SONOMA COUNTY WATER AGENCY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1996

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3Cited by10 opinions

  1. Abhe & Svoboda, Inc. v. ChaoCourt of Appeals for the D.C. Circuit · 2007
  2. International Brotherhood Elec v. Farfield CoCourt of Appeals for the Third Circuit · 2021
  3. United States Ex Rel. Wall v. Circle C Construction, L.L.C.Court of Appeals for the Sixth Circuit · 2012
  4. United States v. Newport News Shipbuilding, Inc.District Court, E.D. Virginia · 2003
  5. In Re: Richard York v. United StatesCourt of Appeals for the Ninth Circuit · 2023

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