10/28/10

Dr. David Lewis et al. Lose Another Case

On September 8, 2010, a federal trial court in Athens, Georgia dismissed a False Claims Act lawsuit brought against USEPA and University of Georgia biosolids researchers.

On September 8, 2010, a federal trial court in Athens, Georgia dismissed a False Claims Act lawsuit brought against USEPA and University of Georgia biosolids researchers. The lawsuit, brought by David Lewis and two Georgia farmers previously involved in biosolids litigation, asserted that the researchers had participated in false statements regarding the receipt of funding for research on land application of biosolids.  The allegations were vigorously denied and defended against.  The Court dismissed the case without having to reach the question of whether the claims had any merit.   Instead, the case was dismissed on the threshold legal issue that any information that Lewis and the farmers possessed regarding their claims was already in the public domain, and therefore Lewis and the other plaintiffs could not bring a False Claims Act lawsuit.  The Plaintiffs have appealed the ruling.