Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Monday, July 5, 2010
Fathers back bill on rights of parents
Fathers back bill on rights of parents
Say judges must consider joint physical custody
Brian Ayers of Brookfield wants to have more time with his 14-month-old son. (Nancy Palmieri for The Boston Globe)
By Brian MacQuarrie
Globe Staff / July 5, 2010
E-mail|Print|Reprints|Comments (30) Text size – +
Brian Ayers of Brookfield, a part-time police officer who juggles two jobs, is the proud father of a 14-month-old son. He gazes lovingly at a photograph of himself with his son, talks excitedly about their recent trip to a hot-air balloon festival, and says he wants to build the same kind of close relationship he enjoys with his father.
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But Ayers, whose former girlfriend discovered she was pregnant after they broke up, does not share joint physical custody of his only child. And this status, he argues, is one of many examples of how fathers in Massachusetts face discriminatory obstacles in custody decisions.
“I was very upset,’’ said Ayers, 30. “I thought, in this country, you wouldn’t have to necessarily fight to spend time with your own child.’’
That struggle, according to fathers’ rights groups, is a product of a Massachusetts probate system that they say tilts physical custody of children to the mothers. As a result, they are championing a pending House bill that would begin each custody case with a presumption that fathers and mothers are entitled to equal amounts of time with their children. “What we have right now is essentially a maternal veto’’ over joint physical custody, said Ned Holstein, executive director of Fathers & Families, a national advocacy group based in Massachusetts. “We don’t understand why mom should have a veto over what is in the best interests of children.’’
James Edwards, a family-law attorney who represents the mother of Ayers’s child, said the custody settlement signed by both parents is relatively generous in the parenting time granted to the father. Ayers cares for his son every other weekend and has other sleepovers and meals built into the agreement.
But to Ayers, who said he could not afford to go to trial to seek equal time with his son, such a right should be the norm unless evidence shows otherwise.
The fathers’ rights movement has made its way into the 2010 election, as three candidates for the Governor’s Council, which votes on judicial nominations, are members of The Fatherhood Coalition of Massachusetts.
Joe Ureneck of Dorchester, one of the candidates, said fathers’ rights is the “underlying foundation’’ of his candidacy.
“Generally, you have men who have a very hard time in the courts, who want to be involved in their children’s lives, and have a hard time in playing the role of the father,’’ Ureneck said.
However, organizations that deal with women’s and children’s issues say there is no such thing as a maternal veto. And if the bill became law, officials in these groups argue, judicial discretion would suffer, less attention would be paid to the specifics of each divorce, and children might be subjected to more acrimony.
“If the world were a perfect place where everybody was just able to get along and put their differences aside, we might have a different lens on this,’’ said Nancy Allen Scannell, director of policy and planning for the Massachusetts Society for the Prevention of Cruelty to Children, which opposes the bill. “But we all know the reality of what happens.’’
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Scannell said the process already prefers joint physical custody. But circumstances in divorces often make strictly equal parenting difficult because of financial or logistical problems.
“The MSPCC’s position is that we emphasize a look at families from an individualized perspective,’’ Scannell said.
Groups from both sides of the issue could not point to a statewide study on custody decisions, but a 1999 doctoral thesis by Joseph McNabb, the president of Laboure College in Dorchester, found that joint physical custody was awarded at Worcester Probate and Family Court only 8 percent of the time in 501 cases in 1993. Mothers obtained sole physical custody 83.2 percent of the time, and fathers received sole physical custody in 8.8 percent of the cases, according to the study.
The bill is opposed by the Massachusetts chapter of the National Organization for Women. “I think it’s an unnecessary step,’’ said Christina Knowles, state director of NOW. “I think judges explain their decisions anyway. It seems redundant.’’
Thomas Barbar, cochairman of the Massachusetts Bar Association’s family law section council, said custody cases are often so thorny and nuanced that judges, with the help of mediators and the attorneys, usually take considerable time to decide.
“What I’ve noticed,’’ Barbar said, “is the court tries to make sure that the kids are spending time with each parent and nobody is being prejudiced. They try not to make decisions rashly.’’
But in Holstein’s view, judicial perspective would be enhanced by the shared parenting bill. Under its terms, judges would be required to explain their decisions in writing if they deny joint physical custody.
The bill, filed in 2008 by Representative Colleen Garry of Dracut, is being considered by the joint Judiciary Committee. A committee aide said the panel has a July 13 deadline to take action on the bill, but an extension might be requested.
Ayers said he became active in the fathers’ rights movement when a lawyer told him he would need a minimum of $15,000 in legal fees to seek joint physical custody in court.
“In the probate court, you’re guilty of being a deadbeat dad the minute you walk through the door,’’ he said. Ayers, who said he pays $320 a week in child support and lives in his parents’ basement, added that he has a clean criminal record and has never been the subject of a restraining order.
But in this case, Edwards said, the mother’s argument for sole physical custody was aided by the child’s status as a newborn, her occupation as a nurse, and third-shift work that enabled her to care for the baby during the day. Ayers, however, insisted he has been treated unfairly.
“I’ve got to keep doing the right thing,’’ Ayers said. “And the right thing is to take care of my son, and to keep fighting for what’s right.’’
Brian MacQuarrie can be reached at macquarrie@globe.com.
© Copyright 2010 Globe Newspaper Company.
http://www.boston.com/news/local/massachusetts/articles/2010/07/05/fathers_back_bill_on_rights_of_parents/
Say judges must consider joint physical custody
Brian Ayers of Brookfield wants to have more time with his 14-month-old son. (Nancy Palmieri for The Boston Globe)
By Brian MacQuarrie
Globe Staff / July 5, 2010
E-mail|Print|Reprints|Comments (30) Text size – +
Brian Ayers of Brookfield, a part-time police officer who juggles two jobs, is the proud father of a 14-month-old son. He gazes lovingly at a photograph of himself with his son, talks excitedly about their recent trip to a hot-air balloon festival, and says he wants to build the same kind of close relationship he enjoys with his father.
Tweet 3 people Tweeted this
Yahoo! BuzzShareThis
But Ayers, whose former girlfriend discovered she was pregnant after they broke up, does not share joint physical custody of his only child. And this status, he argues, is one of many examples of how fathers in Massachusetts face discriminatory obstacles in custody decisions.
“I was very upset,’’ said Ayers, 30. “I thought, in this country, you wouldn’t have to necessarily fight to spend time with your own child.’’
That struggle, according to fathers’ rights groups, is a product of a Massachusetts probate system that they say tilts physical custody of children to the mothers. As a result, they are championing a pending House bill that would begin each custody case with a presumption that fathers and mothers are entitled to equal amounts of time with their children. “What we have right now is essentially a maternal veto’’ over joint physical custody, said Ned Holstein, executive director of Fathers & Families, a national advocacy group based in Massachusetts. “We don’t understand why mom should have a veto over what is in the best interests of children.’’
James Edwards, a family-law attorney who represents the mother of Ayers’s child, said the custody settlement signed by both parents is relatively generous in the parenting time granted to the father. Ayers cares for his son every other weekend and has other sleepovers and meals built into the agreement.
But to Ayers, who said he could not afford to go to trial to seek equal time with his son, such a right should be the norm unless evidence shows otherwise.
The fathers’ rights movement has made its way into the 2010 election, as three candidates for the Governor’s Council, which votes on judicial nominations, are members of The Fatherhood Coalition of Massachusetts.
Joe Ureneck of Dorchester, one of the candidates, said fathers’ rights is the “underlying foundation’’ of his candidacy.
“Generally, you have men who have a very hard time in the courts, who want to be involved in their children’s lives, and have a hard time in playing the role of the father,’’ Ureneck said.
However, organizations that deal with women’s and children’s issues say there is no such thing as a maternal veto. And if the bill became law, officials in these groups argue, judicial discretion would suffer, less attention would be paid to the specifics of each divorce, and children might be subjected to more acrimony.
“If the world were a perfect place where everybody was just able to get along and put their differences aside, we might have a different lens on this,’’ said Nancy Allen Scannell, director of policy and planning for the Massachusetts Society for the Prevention of Cruelty to Children, which opposes the bill. “But we all know the reality of what happens.’’
Tweet 3 people Tweeted this
Yahoo! BuzzShareThis
Scannell said the process already prefers joint physical custody. But circumstances in divorces often make strictly equal parenting difficult because of financial or logistical problems.
“The MSPCC’s position is that we emphasize a look at families from an individualized perspective,’’ Scannell said.
Groups from both sides of the issue could not point to a statewide study on custody decisions, but a 1999 doctoral thesis by Joseph McNabb, the president of Laboure College in Dorchester, found that joint physical custody was awarded at Worcester Probate and Family Court only 8 percent of the time in 501 cases in 1993. Mothers obtained sole physical custody 83.2 percent of the time, and fathers received sole physical custody in 8.8 percent of the cases, according to the study.
The bill is opposed by the Massachusetts chapter of the National Organization for Women. “I think it’s an unnecessary step,’’ said Christina Knowles, state director of NOW. “I think judges explain their decisions anyway. It seems redundant.’’
Thomas Barbar, cochairman of the Massachusetts Bar Association’s family law section council, said custody cases are often so thorny and nuanced that judges, with the help of mediators and the attorneys, usually take considerable time to decide.
“What I’ve noticed,’’ Barbar said, “is the court tries to make sure that the kids are spending time with each parent and nobody is being prejudiced. They try not to make decisions rashly.’’
But in Holstein’s view, judicial perspective would be enhanced by the shared parenting bill. Under its terms, judges would be required to explain their decisions in writing if they deny joint physical custody.
The bill, filed in 2008 by Representative Colleen Garry of Dracut, is being considered by the joint Judiciary Committee. A committee aide said the panel has a July 13 deadline to take action on the bill, but an extension might be requested.
Ayers said he became active in the fathers’ rights movement when a lawyer told him he would need a minimum of $15,000 in legal fees to seek joint physical custody in court.
“In the probate court, you’re guilty of being a deadbeat dad the minute you walk through the door,’’ he said. Ayers, who said he pays $320 a week in child support and lives in his parents’ basement, added that he has a clean criminal record and has never been the subject of a restraining order.
But in this case, Edwards said, the mother’s argument for sole physical custody was aided by the child’s status as a newborn, her occupation as a nurse, and third-shift work that enabled her to care for the baby during the day. Ayers, however, insisted he has been treated unfairly.
“I’ve got to keep doing the right thing,’’ Ayers said. “And the right thing is to take care of my son, and to keep fighting for what’s right.’’
Brian MacQuarrie can be reached at macquarrie@globe.com.
© Copyright 2010 Globe Newspaper Company.
http://www.boston.com/news/local/massachusetts/articles/2010/07/05/fathers_back_bill_on_rights_of_parents/
Sunday, July 4, 2010
How to File a Lawsuit-The Complaint
By: Abuse Freedom united Topic: How to file a complaint!
June 23 2010
We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.
Last updated March 22, 2009
The Complaint
Before you begin working on your complaint, there are certain things you want to do in the way of setting up your computer, files to get, and forms you'll need..
After the header, you begin with a simple statement of what this filing is all about. Nothing fancy but it should reference the federal rule or law under which you are basing the complaint. We will be using our complaint against Sevenarts and Chalk & vermillion Fine Arts as our working example. Click here for the complaint as HTML. We also have it as a word document, click here.
The complaint is the initial pleading in a lawsuit, and is filed by the plaintiff. The date of filing of the complaint is what counts for statute of limitation purposes in federal question suits. It also starts the clock on service.
FRCP 8(a) - A lawsuit, or complaint, has three basic parts that you must include:
a. Jurisdiction: A short and plain statement of the grounds upon which the court's jurisdiction depends;
b. Statement of the claim: A short and plain statement of the claim showing that you are entitled to relief; and;
c. Relief: A demand for judgment, or prayer, for the relief (e.g., money damages, injunction, etc.) Calling it a prayer and continuing to call it a prayer is a good example of why the law is so hard for people to understand. It is nothing more than a statement of what you want from the court.
When you prepare a lawsuit, one of the first things you put in the complaint is a short paragraph citing specifically how the court has jurisdiction to hear the case. If you cannot establish jurisdiction then there is no lawsuit in that court.
In your complaint it is good to follow next with a historical background of events and parties. Keep it simple and direct. Stick to basic facts and don't elaborate. Follow the lead of Sergeant Friday on Dragnet, "Just the facts".
Next you outline the acts by the defendants that specifically caused you to file the complaint. You must make "short and plain statements" of the claim showing that you are entitled to relief. You need to state only the facts, not the legal theory upon which you are relying. Don't stretch the truth. Leave the lying to the corporate lawyers. Back your statements up with documentation if you have it. While this isn't required, we have found that when the opposing party does answer they forget to specifically dispute the evidence that accompanies the complaint.
Note: Certain "special matters" must be pleaded with particularity if they are to be raised at trial (see F.R.C.P. 9). If you are going to be pleading "special matters" get an attorney. Do no try it yourself.
The last thing you include is a step-by-step section for causes of action. Here you should follow a similar format as the example. One paragraph for each federal and/or state law you feel the other party violated. Again, there are plenty of examples available on the internet. Search for them using AltaVista, study their format, and pick one to use.
You must also consider if you are going to seek damages. Damages vary from state to state. It is unlikely you will get much in federal damages representing yourself. Few litigants do get damages even with a lawyer except for copyright infringements if you are the owner of the copyright.
In your conclusion, you make your "prayer" for relief and/or damages. The court does not assume what relief you want. You MUST state to the court what you want or you will not get it.
Your must serve every filing upon your opponent or his/her lawyer. If there is more than one defendant, all must be served unless they share attornerys.
Go file your complaint. Take with you two copies for the court, one for yourself, and one for each defendant. The court will time stamp each copy as received. File your copy in a binder and maile the other copies to your opponents. When you filed, your case was assigned to a judge and given a case number. The case number will be used on all future filings. Go on-line and look up the judge's rules. If the judge has rules, download them onto your computer and learn which may apply to you.
Now you sit back and wait. They may call you to settle before the issue goes any further. They may not. If the case isn't settled, you wiill either get an answer to your complaint, a F.R.C.P. (12)(b) motion, or you will be filing for a default judgment.
Steps For Filing The Complaint
Setting Up Your Computer
Locate the Federal District Court nearest where you live
Sign Up For PACER.
Get civil cover sheet from court.
Establish Jurisdiction
Outline Historical Background of events and parties.
Establish and List Causes of Action
Consider Damages allowed by law.
Conclusion
File with court clerk
Service
June 23 2010
We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.
Last updated March 22, 2009
The Complaint
Before you begin working on your complaint, there are certain things you want to do in the way of setting up your computer, files to get, and forms you'll need..
After the header, you begin with a simple statement of what this filing is all about. Nothing fancy but it should reference the federal rule or law under which you are basing the complaint. We will be using our complaint against Sevenarts and Chalk & vermillion Fine Arts as our working example. Click here for the complaint as HTML. We also have it as a word document, click here.
The complaint is the initial pleading in a lawsuit, and is filed by the plaintiff. The date of filing of the complaint is what counts for statute of limitation purposes in federal question suits. It also starts the clock on service.
FRCP 8(a) - A lawsuit, or complaint, has three basic parts that you must include:
a. Jurisdiction: A short and plain statement of the grounds upon which the court's jurisdiction depends;
b. Statement of the claim: A short and plain statement of the claim showing that you are entitled to relief; and;
c. Relief: A demand for judgment, or prayer, for the relief (e.g., money damages, injunction, etc.) Calling it a prayer and continuing to call it a prayer is a good example of why the law is so hard for people to understand. It is nothing more than a statement of what you want from the court.
When you prepare a lawsuit, one of the first things you put in the complaint is a short paragraph citing specifically how the court has jurisdiction to hear the case. If you cannot establish jurisdiction then there is no lawsuit in that court.
In your complaint it is good to follow next with a historical background of events and parties. Keep it simple and direct. Stick to basic facts and don't elaborate. Follow the lead of Sergeant Friday on Dragnet, "Just the facts".
Next you outline the acts by the defendants that specifically caused you to file the complaint. You must make "short and plain statements" of the claim showing that you are entitled to relief. You need to state only the facts, not the legal theory upon which you are relying. Don't stretch the truth. Leave the lying to the corporate lawyers. Back your statements up with documentation if you have it. While this isn't required, we have found that when the opposing party does answer they forget to specifically dispute the evidence that accompanies the complaint.
Note: Certain "special matters" must be pleaded with particularity if they are to be raised at trial (see F.R.C.P. 9). If you are going to be pleading "special matters" get an attorney. Do no try it yourself.
The last thing you include is a step-by-step section for causes of action. Here you should follow a similar format as the example. One paragraph for each federal and/or state law you feel the other party violated. Again, there are plenty of examples available on the internet. Search for them using AltaVista, study their format, and pick one to use.
You must also consider if you are going to seek damages. Damages vary from state to state. It is unlikely you will get much in federal damages representing yourself. Few litigants do get damages even with a lawyer except for copyright infringements if you are the owner of the copyright.
In your conclusion, you make your "prayer" for relief and/or damages. The court does not assume what relief you want. You MUST state to the court what you want or you will not get it.
Your must serve every filing upon your opponent or his/her lawyer. If there is more than one defendant, all must be served unless they share attornerys.
Go file your complaint. Take with you two copies for the court, one for yourself, and one for each defendant. The court will time stamp each copy as received. File your copy in a binder and maile the other copies to your opponents. When you filed, your case was assigned to a judge and given a case number. The case number will be used on all future filings. Go on-line and look up the judge's rules. If the judge has rules, download them onto your computer and learn which may apply to you.
Now you sit back and wait. They may call you to settle before the issue goes any further. They may not. If the case isn't settled, you wiill either get an answer to your complaint, a F.R.C.P. (12)(b) motion, or you will be filing for a default judgment.
Steps For Filing The Complaint
Setting Up Your Computer
Locate the Federal District Court nearest where you live
Sign Up For PACER.
Get civil cover sheet from court.
Establish Jurisdiction
Outline Historical Background of events and parties.
Establish and List Causes of Action
Consider Damages allowed by law.
Conclusion
File with court clerk
Service
The washington DC family rights movement to reform
By: ABUSE FREEDOM UNITED Topic: The washington DC family rights movement to reform
June 25 2010
The Family Rights Movement has been around for years.
Families have taken a new turn in the United States and are now saying enough.
When a family finds their lives devastated by entities privately contracted through our government all to often they have no where to turn.
2010 proves to be a very interesting year for families here in the United States as they reach out to other families afflicted.
In the course of families being destroyed by these entities they are now joining together to tell political elected officials they want change.
Families will lobby and speak out on Capitol Hill July 23 - 25.
The goal is and should be to show how many in mass numbers are affected by the families these private entities that no longer work for you, us, and our families.
The hope of gathering is that our elected officials will take notice and start to work for We The People as it should be.
We want them to take notice that change is needed and strive towards reforming or eliminating those entities that harm family values, family, morals, and family unity.
We the ones working for this change ask you those affected to take a step forward with us and use your voices.
Show your numbers this year on Capitol Hill with the voice God gave you for preserving your Right to be a Parent.
Once we unite from all across America in a mass quantity that is drastically needed the government will have no other recourse than to acknowledge and change
where entities have done wrong.
Thank you for your time.
Respectfully,
All Who Have Worked To Bring We The People Family Preservation Fest to D.C
http://www.officialdcrallyfest.com
June 25 2010
The Family Rights Movement has been around for years.
Families have taken a new turn in the United States and are now saying enough.
When a family finds their lives devastated by entities privately contracted through our government all to often they have no where to turn.
2010 proves to be a very interesting year for families here in the United States as they reach out to other families afflicted.
In the course of families being destroyed by these entities they are now joining together to tell political elected officials they want change.
Families will lobby and speak out on Capitol Hill July 23 - 25.
The goal is and should be to show how many in mass numbers are affected by the families these private entities that no longer work for you, us, and our families.
The hope of gathering is that our elected officials will take notice and start to work for We The People as it should be.
We want them to take notice that change is needed and strive towards reforming or eliminating those entities that harm family values, family, morals, and family unity.
We the ones working for this change ask you those affected to take a step forward with us and use your voices.
Show your numbers this year on Capitol Hill with the voice God gave you for preserving your Right to be a Parent.
Once we unite from all across America in a mass quantity that is drastically needed the government will have no other recourse than to acknowledge and change
where entities have done wrong.
Thank you for your time.
Respectfully,
All Who Have Worked To Bring We The People Family Preservation Fest to D.C
http://www.officialdcrallyfest.com
ACLJ Wins 9th Circuit Appeal in Massive Fraud Case Against Planned Parenthood Affiliates in California
ACLJ Wins 9th Circuit Appeal in Massive Fraud Case Against Planned Parenthood Affiliates in California
July 2, 2010
(Washington, DC) – The United States Court of Appeals for the Ninth Circuit has ruled in favor of the American Center for Law and Justice’s (ACLJ) client in a multi-million dollar fraud case against Planned Parenthood (PP) affiliates in California. ACLJ attorneys are representing a former employee of the PP affiliate in Los Angeles, who is now a federal whistleblower. A federal district court in California had dismissed the case, but the Ninth Circuit’s ruling, dated yesterday, reinstates the lawsuit.
“This is a tremendous victory,” said Jay Sekulow, Chief Counsel of the ACLJ. “While this case is by no means over, winning this appeal means we have gotten the federal claim over the threshold hurdles and can now get down to the heart of this case: the alleged fraud.”
The federal False Claims Act (FCA) forbids government contractors from submitting “false or fraudulent” claims for payment. The FCA also authorizes private individuals to bring suit against the offenders to recover the fraudulently obtained funds.
The allegation in this case is that PP affiliates in California illegally marked up the supposed cost of various birth control drugs when seeking government reimbursement, resulting in tens of millions of dollars of overbilling – at taxpayer expense. State audits in both California and Washington State have found PP affiliates guilty of overbilling.
When a former PP staffer sued the PP affiliates in federal court, charging the defendants with having fraudulently overbilled the state and federal governments in the amount of tens of millions of dollars, a prominent law firm began representing the PP defendants in the case at no cost to the defendants. The PP attorneys asked the federal district court to dismiss the case on technical jurisdictional grounds.
The federal district court accepted their arguments in part, and dismissed the case. ACLJ attorneys then entered the case to handle the appeal.
“The question on appeal was whether the former PP employee is a proper whistleblower under the False Claims Act,” said Sekulow. “We contended that the answer is ‘Yes,’ and now a three-judge panel of the Ninth Circuit has unanimously agreed with us.”
The ACLJ’s opening brief had dissected and refuted the arguments of PP’s attorneys point by point, explaining why the court of appeals should reverse the lower court’s judgment and reinstate the lawsuit. You can read the ACLJ opening brief here.
ACLJ attorneys subsequently filed a reply brief and two supplemental briefs addressing intervening developments in the law.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.
http://www.aclj.org/News/Read.aspx?ID=3811&email=dottedlady1@netzero.net&guid=7C338395-38F4-40C4-BF40-4AC8A5EF982F
July 2, 2010
(Washington, DC) – The United States Court of Appeals for the Ninth Circuit has ruled in favor of the American Center for Law and Justice’s (ACLJ) client in a multi-million dollar fraud case against Planned Parenthood (PP) affiliates in California. ACLJ attorneys are representing a former employee of the PP affiliate in Los Angeles, who is now a federal whistleblower. A federal district court in California had dismissed the case, but the Ninth Circuit’s ruling, dated yesterday, reinstates the lawsuit.
“This is a tremendous victory,” said Jay Sekulow, Chief Counsel of the ACLJ. “While this case is by no means over, winning this appeal means we have gotten the federal claim over the threshold hurdles and can now get down to the heart of this case: the alleged fraud.”
The federal False Claims Act (FCA) forbids government contractors from submitting “false or fraudulent” claims for payment. The FCA also authorizes private individuals to bring suit against the offenders to recover the fraudulently obtained funds.
The allegation in this case is that PP affiliates in California illegally marked up the supposed cost of various birth control drugs when seeking government reimbursement, resulting in tens of millions of dollars of overbilling – at taxpayer expense. State audits in both California and Washington State have found PP affiliates guilty of overbilling.
When a former PP staffer sued the PP affiliates in federal court, charging the defendants with having fraudulently overbilled the state and federal governments in the amount of tens of millions of dollars, a prominent law firm began representing the PP defendants in the case at no cost to the defendants. The PP attorneys asked the federal district court to dismiss the case on technical jurisdictional grounds.
The federal district court accepted their arguments in part, and dismissed the case. ACLJ attorneys then entered the case to handle the appeal.
“The question on appeal was whether the former PP employee is a proper whistleblower under the False Claims Act,” said Sekulow. “We contended that the answer is ‘Yes,’ and now a three-judge panel of the Ninth Circuit has unanimously agreed with us.”
The ACLJ’s opening brief had dissected and refuted the arguments of PP’s attorneys point by point, explaining why the court of appeals should reverse the lower court’s judgment and reinstate the lawsuit. You can read the ACLJ opening brief here.
ACLJ attorneys subsequently filed a reply brief and two supplemental briefs addressing intervening developments in the law.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.
http://www.aclj.org/News/Read.aspx?ID=3811&email=dottedlady1@netzero.net&guid=7C338395-38F4-40C4-BF40-4AC8A5EF982F
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