The article can be found at: http://www.typepad.com/t/trackback/895477/26549968
Why is Allison Engine a pivotal case? A fundamental element of a false claims act case is a false claim, also known as a “call on the public fisc.” In other words, someone needs to have made a claim to the United States somewhere along the line.
The issue in Allison Engine is whether a false bill presented to someone other than the government constitutes a call on the public fisc if that false bill or false claim will ultimately be submitted to the United States. This is common in the world of construction and defense contracting, where numerous subcontractors submit their claims not to the United States but rather to a higher-tier contractor.
While a detailed discussion of this particular area of qui tam litigation is beyond the scope of today’s post, look for more important news on this in the future.