Case Analysis : Colonel Dynamo, Inc. Essay

1999 Words Jan 18th, 2015 null Page
Preliminary Statement The Plaintiff John Yuliano is a former employee of Colonel Dynamo, Inc.’s accounting and billing department. Colonel Dynamo, Inc. is a defense contractor who conducts 90% of its business with the U.S. military. Yuliano noticed irregularities with CDI’s billing for a government project and brought this to the attention to the project managers. Yuliano’s employment was terminated during a wave of company layoffs. Yuliano threatened CDI with a lawsuit for fraud and age discrimination. Both parties reached a settlement where Yuliano would wave all claims against CDI for a financial settlement.
In response to the complaint CDI seeks the dismissal for Yuliano’s qui tam claim alleging fraud on the grounds that he is barred from doing so because of the settlement he signed. CDI also seeks dismissal for Yuliano not specifying the allegations in his complaint and failing to state a claim for relief.
Statement of Facts Not enforcing CDI’s settlement with Yuliano would be an injustice. Allowing this claim to move forward would allow Yuliano to take advantage over CDI for a second time for the same claim. The settlement was the result of Yuliano’s threat of a lawsuit against CDI for fraud and age discrimination. The goal of the settlement was to avoid potential litigation from a former employee and negative impact litigation would have on CDI. CDI is a defense contractor with 90% of their business coming from the U.S. Government. CDI signed a contract with…

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