Seyfarth Synopsis: On November 30, 2022, the U.S. Court of Appeals for the Third Circuit reversed the trial court's dismissal of Plaintiff's claim in Ascolese v. Shoemaker Const. Co. The case involved a retaliation claim brought under the federal False Claims Act, and it forced the Third Circuit to consider the effects of Congress' 2009 and 2010 amendments to the statute. Ultimately, the court held that an employee may be protected by the FCA's anti-retaliation provision if they are acting outside of their normal duties in trying to remedy a violation of the FCA.
In 2014, the Philadelphia Housing Authority ("PHA") received a $30 million grant from the U.S. Department of Housing and Urban Development for the construction of public housing in North Philadelphia. This grant was contingent on the PHA's compliance with the applicable construction standards and regulations. The project's general contractor hired a subcontractor to handle quality control, and this subcontractor hired the Plaintiff, Don Ascolese, to detect and report any project "deficiencies."
The number of alleged deficiencies was large. Among other shortcomings, Plaintiff noticed that the concrete had not been allowed to fully cure, and that the contractors had failed to use the required type of rebar. Bringing this to his supervisor's attention, Ascolese stated that it would be "wrongful and fraudulent" for the project to receive government funds, and that "certification of their contract compliance...
A US judge has dismissed veteran singer Smokey Robinson's defamation claim against four former housekeepers who have accused him of sexual assault. The women sued the Motown star, 86, last year fo...