Legal Opinion

United States Ex Rel. Garibaldi v. Orleans Parish School Board

Court of Appeals for the Fifth Circuit

Decided January 17, 2005No. 03-31010PublishedCited by 30 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

In the previous appeal in this qui tam action under the False Claims Act (FCA), Garibaldi I, 1 we vacated the plaintiffs’ judgment on the verdict, and rendered judgment for the Orleans Parish School Board holding that the board was not a “person” subject to liability under the FCA. This court’s judgment in that case became final when the Supreme Court denied certiorari. 2 Subsequently, the Supreme Court, in Cook County v. United States ex rel Chandler; 3 held that local governments are “persons” amenable to qui tam actions under the FCA. Following the Supreme Court’s…

2Cases cited21 opinions

  1. Missouri v. SeibertSupreme Court of the United States · 2004
  2. Klapprott v. United StatesSupreme Court of the United States · 1949
  3. James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
  4. Garcia v. United StatesSupreme Court of the United States · 1985
  5. Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack RibackCourt of Appeals for the Fifth Circuit · 1981

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3Cited by30 opinions

  1. Johnson v. SpencerCourt of Appeals for the Tenth Circuit · 2020
  2. Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009
  3. Comfort v. Lynn School CommitteeCourt of Appeals for the First Circuit · 2009
  4. FTC v. Kristy RossCourt of Appeals for the Fourth Circuit · 2023
  5. Infiniti Information Solutions, LLC v. United StatesUnited States Court of Federal Claims · 2010

25 more not listed; retrieve them via the Exa API.

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