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Ruby Slaps Government Supplier in $80M Whistle-Blower Case |
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After 14 years, 100 motions, and 1,000 boxes of supporting material, the protracted battle fought in federal trial and appellate courts ended in U.S. District Court in San Jose in January with a unanimous court jury award of $139 million, and an $80-million post-verdict settlement. Rubys team included former classmate J. David Black 68 of White & Case, Phillip G. Svalya of Cupertino, and Roy Bartlett. The government false claims whistle-blower case, United States of America ex rel Henry Boisvert v. FMC Corp., began in 1986 with a lawsuit filed by Boisvert, a former employee of FMC, manufacturer of the U.S. Armys Bradley Fighting Vehicle. The all-terrain vehicle was designed to carry troops and equipment through water and on land, but it leaked, according to Boisvert, an FMC test analyst, who continued to report the deficiencies. Ruby proved Boisvert was wrongfully terminated by FMC after he filed suit under the False Claims Act. Ruby, a partner in the San Jose firm of Ruby & Schofield, has practiced criminal and civil law since graduating from Stanford. He says he learned a lot
about law between high school and law school while on the professional wrestling circuit in the Midwest, following in the footsteps of his father. I learned
how to get beat and not whine about it, and that was the most valuable lesson I could have learned as a trial lawyer.
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