In a significant legal development, a Georgia federal judge has ruled against Kipper Tool Co. in its ongoing legal battle concerning False Claims Act (FCA) allegations brought by a former employee. The U.S. District Judge Richard W. Story denied the company’s motion for partial summary judgment, rejecting Tool Co.’s argument that a portion of the lawsuit was barred by the statute of limitations.
The lawsuit, filed by Jim Southard, a former strategic business unit leader at Kipper Tool, accuses the company of failing to provide the U.S. government with competitive prices as mandated under the Multiple Award Schedule (MAS) contract. Southard claims he raised concerns about this issue internally but alleges that his employer continued the practice, leading to FCA violations.
Judge Story’s ruling on Friday emphasized that Kipper Tool had not met the burden of proof required to dismiss the claims. The judge determined that the government was not aware of the alleged deficiencies prior to Southard’s whistleblower complaint filed in 2015. “The court holds that defendant has not shown that the plaintiff’s claims should be barred by the statute of limitations,” Judge Story stated in the order, adding that there was no evidence to suggest that government officials had prior knowledge of the violations before Southard filed his action.
Southard’s claims stem from his assertion that the company did not provide the government with better prices than those offered to non-government customers, which is a requirement of the MAS contract. He initially flagged this issue to Kipper Tool’s vice president of sales.
Kipper Tool had sought to dismiss claims associated with transactions occurring before August 2009, arguing that government officials were aware of the potential FCA violations as early as January 2008. However, Judge Story disagreed, noting that the government only became aware of the alleged issues during a 2016 pre-award review of the contract, and not before.
The case has drawn attention for its potential implications on FCA claims and whistleblower protections. As the litigation continues, it remains to be seen how the case will unfold in the coming months.
Earlier this year, Judge Story also dismissed Southard’s motion to disqualify the law firm representing Kipper Tool. Southard had claimed a conflict of interest due to the firm’s prior representation of him in a separate matter, but Judge Story found no grounds for disqualification.
The False Claims Act suit, which began in August 2015, continues to be a focal point of legal scrutiny, with Kipper Tool’s legal team preparing for the next stages of the case.
