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Case: 09-2280 Document: 39 9 Date Filed: 07/01/2010 12/03/2009 Page: 21 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER INTERESTS Only one form needs to be completed for a party even if the party is represented by more than one attorney. Disclosures must be filed on behalf of all parties to a civil, agency, bankruptcy or mandamus case. Corporate defendants in a criminal or post-conviction case and corporate amici curiae are required to file disclosure statements. Counsel has a continuing duty to update this information. No. _______ Caption: __________________________________________________ Pursuant to FRAP 26.1 and Local Rule 26.1, ______________________ who is _______________________, makes the following disclosure: (name of party/amicus) (appellant/appellee/amicus) 1. Is party/amicus a publicly held corporation or other publicly held entity? YES NO 2. Does party/amicus have any parent corporations? YES NO If yes, identify all parent corporations, including grandparent and great-grandparent corporations: 3. Is 10% or more of the stock of a party/amicus owned by a publicly held corporation or other publicly held entity? YES NO If yes, identify all such owners: 4. Is there any other publicly held corporation or other publicly held entity that has a direct financial interest in the outcome of the litigation (Local Rule 26.1(b))? YES NO If yes, identify entity and nature of interest: 5. Is party a trade association? (amici curiae do not complete this question) YES NO If yes, identify any publicly held member whose stock or equity value could be affected substantially by the outcome of the proceeding or whose claims the trade association is pursuing in a representative capacity, or state that there is no such member: 6. Does this case arise out of a bankruptcy proceeding? YES NO If yes, identify any trustee and the members of any creditors’ committee: CERTIFICATE OF SERVICE ************************** I certify that on _________________ the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by serving a true and correct copy at the addresses listed below: _______________________________ ________________________ (signature) (date)
Case: 09-2280 Document: 39 Date Filed: 07/01/2010 Page: 3 TABLE OF CONTENTS i Page TABLE OF AUTHORITIES ....................................................................................iv JURISDICTIONAL STATEMENT ..........................................................................1 STATEMENT OF ISSUES .......................................................................................1 STATEMENT OF THE CASE..................................................................................2 STATEMENT OF FACTS ........................................................................................7 I. Overview of GSA Contracting Procedures at Issue in This Case.........7 II. IIF Obtained its GSA Contracts Through False Representations .........8 A. IIF and Its Award of GSA Contracts ..........................................8 B. During Ubl’s Case in Chief The Evidence Showed that IIF Knowingly Made Material False Representations to Obtain Contract Awards .............................................................9 C. IIF Defended the Complaint Based Upon a Misconstruction of the Government Knowledge Defense and by Having Factual Witnesses Testify as Experts...............14 D. Jury Deliberations and the Verdict ...........................................15 E. IIF’s Post Trial Motion for Attorney Fees Was Granted Against Ubl in the Amount of $501,546...................................15 SUMMARY OF ARGUMENT ...............................................................................16 ARGUMENT ...........................................................................................................18 STANDARDS OF REVIEW.........................................................................18
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Page 9 and 10: United States ex rel. J. Cooper & A
Page 15 and 16: with leave to amend (Dkt. 30), and
Page 17 and 18: The case proceeded to trial on Octo
Page 19 and 20: complete commercial sales history f
Page 21 and 22: discounts for a 60-hour work week w
Page 27 and 28: “hyper-technical” construction
Page 29 and 30: After trial, the trial court abused
Page 33 and 34: The court has the inherent authorit
Page 43 and 44: Moreover, in failing to meet its bu
Page 47 and 48: the right job,” (J.A. 1084); and
Page 51 and 52: This Court has held that “the use
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Id. at 725. Case: 09-2280 Document:
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Case: 09-2280 Document: 39 Date Fil
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-- The district court denied a seco
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(discussing trial exhibit 114) (J.A
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commercial public - leaving open th
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even part of this case until the be
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October 27, 2009 in defending this
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CERTIFICATE OF FILING AND SERVICE I
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