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Thanksgiving

The United States District Court for the Eastern District of Wisconsin will be closed on Thursday, November 23 and Friday, November 24, 2023 in observance of the holiday. Lawyers and litigants who have hearings scheduled for Friday, November 24, 2023 should contact the chambers of the judge presiding over the case to determine whether it will take place as scheduled.

11-CV-560 United States of America et al v. Sikorsky Aircraft Corporation et al

11-CV-560 United States of America et al v. Sikorsky Aircraft Corporation et al

Decision and Order

The court decided the parties’ motions for summary judgment in a case involving the False Claims Act and cost-plus-a-percentage-of-cost contracting. Among other things, the court held that the implied false certification theory of liability applies when a government contractor submits a claim for reimbursement while knowing that the government may not legally pay the claim.

20-CV-1874 Leibfried v. Caterpillar, Inc.

20-CV-1874 Leibfried v. Caterpillar, Inc.

Decision and Order

An expert cannot offer new opinions at a deposition or in an affidavit submitted in response to a motion to exclude. An expert’s opinions must be included in an expert report. A psychologist’s recollection of what his patients told him about the emotions they felt in the moments when they believed they were about to die is not a sufficient basis for the psychologist to offer an opinion about what the plaintiff felt in the minutes before he died.

16-CV-685 McFarland-Lawson v. Fudge

16-CV-685 McFarland-Lawson v. Fudge

Decision and Order

The court granted the defendant’s motion for reconsideration and dismissed the plaintiff’s action. The only claim that remained was the same claim that the plaintiff raised in her union grievance. Because she did not exhaust her administrative remedies, the claim was not properly before the court.

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