Where a qui tam suit was brought alleging that the defendant Rhode Island commissioner of elementary and secondary education violated the False Claims Act by falsely certifying that the Department of Elementary and Secondary Education complied with certain federal COVID-19 relief statutes, an order dismissing the complaint should be vacated in light of the U.S. Supreme Court’s holding in United States ex rel. Schutte v. SuperValu Inc., 143 S. Ct. 1391 (2023).
“This matter is a qui tam suit brought by Ocean State Transit, LLC (‘Ocean State’) against the defendant Rhode Island Commissioner of Elementary and Secondary Education Angélica Infante-Green (‘the Commissioner’), alleging that she violated the False Claims Act (‘FCA’), 31 U.S.C. §3729 et seq., by falsely certifying that the Rhode Island Department of Elementary and Secondary Education (‘RIDE’) complied with certain federal COVID-19 relief statutes (namely, the CARES Act), which required RIDE ‘to the greatest extent practicable, continue to pay its employees and contractors during the period of any disruptions or closures related to the coronavirus.’
“This Court granted the Commissioner’s Motion to Dismiss, resulting in a judgment in her favor. … Now, pursuant to Fed. R. Civ. P. 59(e), Ocean States moves for the Court to alter or amend that judgment.
“… Here, among its arguments, Ocean State argues a change in the controlling law, pointing to an opinion of the United States Supreme Court, United States ex rel. Schutte...
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