Ninth Circuit Affirms Decision in False Claims Act Dispute

The Court of Appeals for the Ninth Circuit has published a decision affirming Kerr & Wagstaffe’s defeat of a summary judgment motion in a False Claims Act dispute against Academy of Art University.  The dispute relates to the Academy’s receipt of federal student loan funds from 2006 through 2010, while it offered incentive payments to its recruiters based upon their quantitative performance in violation of Title IV.  After years of litigation, the Ninth Circuit has concluded that sufficient evidence exists to bring the dispute to trial.

The case was argued on appeal by Kerr & Wagstaffe partner Michael von Loewenfeldt, a certified specialist in Appellate Law who heads the firm’s appellate practice.  The opinion can be found here.

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