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Seventh Circuit: Military Government Contractor's FCA Summary Judgment Upheld for Lack of Materiality, Knowledge
On Dec. 11, 2015, the U.S. Court of Appeals for the Seventh Circuit announced its decision in United States ex rel. Debra Marshall v. Woodward, Inc., No. 15-1866, 2015 WL 5895976 (7th Cir. Dec. 11, 2015), in which Woodward, a designer, manufacturer and service provider of control systems in the aerospace and energy markets, was accused of violating the False Claims Act (FCA) based both on its sale of certified helicopter engine parts and the termination of two employees (also the whistleblowers in the lawsuit). The District Court for the Northern District of Illinois granted the defendant's motion for summary judgment in March 2015, and found that Woodward's actions did not violate the FCA (or Illinois law).
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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