Eleventh Circuit Revives FCA Suit Based on Foreign Military Sales of Helicopters

In January, the Eleventh Circuit reversed the Northern District of Alabama in U.S. ex rel. Marsteller et al. v. Tilton et al., and revived a whistleblower suit relating to the sale of helicopters under the U.S. foreign military sale program. The court of appeals determined that the district court must consider the relator’s allegations in light of the Supreme Court’s decision on implied false certification under the False Claims Act in Universal Health Services, Inc. v. United States ex rel. Escobar. This ruling by the district court could have broad implications for FCA claims involving government contractors.

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