United States ex rel. Durcholz v. FKW Inc.’s Empirical Analysis
189 F.3d 542 · 1999
Citation profile
17 federal appellate · 10 district · 2 state decisions
How this case has been cited
Cited by 72 later decisions — most recently March 2018 · most notably United States Totten v. Bombardier Corporation (2004), United States v. Southland Management Corp. (2003)
17 federal appellate · 10 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1292 · 31 U.S.C. § 3729 (False Claims Act) · 31 U.S.C. § 3730 (False Claims Act)
Relies on United States ex rel. Hagood v. Sonoma County Water Agency · United States Lamers v. City of Green Bay · United States v. Murphy · Kunik v. Racine County
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“). But see United States ex rel. Hagood v. Sonoma County Water Agency, 929 F.2d 1416 , 1421 (9th Cir.1991) (”
5 later decisions quote this exact passage · from the majority“From the start, [government] officials were more interested in speed than cost and made their decisions in accordance with these priorities. They classified the project as a performance specification in order to expedite the bidding, knowing that the UPB did not contain dredging line-items. They later directed FEW to modify its proposal to match the Midwest bid and told FEW to resubmit its invoices without the excavation line-items. Thus, the government not only knew that FEW’s proposal and invoices contained excavation line-items, it directed FEW to use those pricing numbers. In essence, then, Durcholz is alleging that the government was defrauded by the very activities that its agents ordered.”
1 later decision quote this exact passage · from the majority“The mens rea element, `knowingly,' requires that the defendant have actual knowledge of (or deliberately ignore or act in reckless disregard of) the truth or falsity of the information. . . . Thus, `innocent mistakes or negligence are not actionable.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.