Forum
U.S. Court of Appeals for the Sixth Circuit
Case Status
Decided
Docket Number
Case Updates
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.
Case Documents
- Opinion -- Hamilton County Emergency Communications District v. BellSouth Telecommunications LLC (Sixth Circuit).pdf
- U.S. Chamber Amicus Brief (rehearing en banc) -- Hamilton County Emergency Communications District v. BellSouth Telecommunications LLC (Sixth Circuit).pdf
- Order Denying Rehearing En Banc -- Hamilton County Emergency Communications District v. BellSouth Telecommunications LLC (Sixth Circuit).pdf