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Second Circuit – False Claims Act: United States ex rel. Weiner, et al. v. Siemens AG, et al.

Daily Record Staff//January 8, 2024//

Second Circuit – False Claims Act: United States ex rel. Weiner, et al. v. Siemens AG, et al.

Daily Record Staff//January 8, 2024//

United States Court of Appeals for the Second Circuit

False Claims Act

Service of process – Timeliness

United States ex rel. Weiner, et al. v. Siemens AG, et al.

22-2656

Judges Carney and Robinson

Background: The plaintiff alleged violations of the False Claims Act. He appeals from the dismissal of his claims for untimely service of process.

Ruling: The Second Circuit vacated. The court held that because the district court never expressly ordered him to serve the defendants in accordance with Section 3730 of the statute, the clock for service of process never began to run.

Max Rodriguez, of Pollock Cohen, for the relator; Wendy H. Schwartz, of Binder & Schwartz, for the defendants-appellees.

 Oral argument audio

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