U.S. Court of Appeals for the Sixth Circuit

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Rehearing en banc denied

May 04, 2017

Click here to view the order.

U.S. Chamber files amicus brief supporting rehearing en banc, urging Sixth Circuit to affirm limits to Tennessee False Claims Act liability

April 14, 2017

The U.S. Chamber filed an amicus brief in support of rehearing en banc, urging the Sixth Circuit to reject two novel means of imposing liability on defendants for alleged violations of state statutory requirements. First, the brief argued that the court should not imply a right of action under the applicable Tennessee 911 Law or state common law for an alleged violation of the statute, particularly where the legislature chose other means of enforcement. Second, the brief argued that the Tennessee False Claims Act, which mirrors the federal False Claims Act, does not impose liability when the asserted false claim is based on a genuine disagreement over statutory interpretation.

Jonathan G. Cedarbaum of Wilmer Cutler Pickering Hale and Dorr LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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