Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

U.S. ex rel. McSherry v. SLSCO LP

Relators' False Claims Act Lawsuit Is Dismissed With Prejudice; FAC Did Not Cure Defects

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Michael McSherry and Lisa Palma McSherry (“the McSherrys” or “the Relators”) bring this action pursuant to the federal False Claims Act (“FCA”), 31 U.S.C. §3729 et seq., and the New York False Claims Act (“NYFCA”), N.Y. State Fin. Law §187 et seq. I previously granted the City of New York’s motion to dismiss the claims against it, but granted the Relators leave to replead their claim under 31 U.S.C. §3729(a)(1)(A). Op. & Order, ECF No. 41. The Relators filed a First Amended Complaint (“FAC”), ECF No. 46, and now before me is the City of New York’s second motion to dismiss that claim, ECF No. 58. Because the Amended Complaint failed to cure the defects in the original Complaint, I grant the City’s motion and dismiss the claims against the City with prejudice. BACKGROUND After Hurricane Sandy damaged thousands of homes, Congress allocated funds to elevate certain homes vulnerable to similar damage. FAC

31-32. In 2013, the City submitted a plan to the federal government to repair or remediate homes affected by Hurricane Sandy, and the federal Department of Housing and Urban Development (“HUD”) approved that plan. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Environmental and Land Use Associate Attorney (1-3 years) June-August 2024

June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...


Apply Now ›
(NEW) JUNIOR TO MID-LEVEL REAL ESTATE ASSOCIATE WANTED FOR BOUTIQUE FIRM (North Dallas Hybrid Role)

Our client, a highly regarded boutique firm with a strong real estate practice, is seeking an associate with 3 or more years of experience i...


Apply Now ›
Fully-Remote Opportunity: Tax Partner Wanted for Fast-Growing Mid-Size Law Firm (Illinois, Wisconsin, Colorado, Michigan, Maryland, Ohio, New York or Connecticut)

Our client, an incredibly successful and rapidly growing Big-Law spin-off and Certified Women s Business Enterprise, is seeking to hire a ta...


Apply Now ›
Go to Lawjobs
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements