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41 cont.cas.fed. (Cch) P 77,027, 97 Cal. Daily Op. Serv. 65, 97 Daily Journal D.A.R. 147 United States of America, Ex Rel., Roland Gibeault Inge Maudal Greg K. Hafif v. Texas Instruments Corp. Gould, Inc. Psi Tronix, Inc. Aerospatiale Helicopter Corp.
Citation: 104 F.3d 276Docket: 95-56660
Court: Court of Appeals for the Ninth Circuit; January 2, 1997; Federal Appellate Court
The case involves a qui tam action under the False Claims Act (FCA), where relators Roland Gibeault, Inge Maudal, and Greg K. Hafif sued Texas Instruments Corp. and other defendants for defrauding the United States. The government declined to intervene initially, leading to a settlement of $300,000, which was characterized as legal fees. The attorneys distributed $124,500 to the relators, prompting the district court to determine this amount represented proceeds from the qui tam action, not legal fees. The court ruled that the relators and their attorneys were liable for the government's share of the settlement, applying precedent from *United States ex rel. Killingsworth v. Northrop Corp.*, which allows courts to ensure the government receives its proper share from settlements. The law firm's appeal challenging its joint liability was denied since it received funds belonging to the government and could not evade its responsibility by transferring them to the relators. Maudal's claim that her portion of the settlement was solely hers was rejected, and the court declined to address additional claims presented for the first time on appeal. The decision by the district court was affirmed unanimously by the Ninth Circuit panel without oral argument.