US Ex Rel. Arlene Cohen v. City of Palmer, Alaska

MEMORANDUM

Arlene Cohen appeals from the district court’s dismissal of her qui tam suit against the City of Palmer, Alaska. She alleges that, in applying for and submitting reimbursement requests for government stimulus funds, Palmer falsely certified it had complied with certain laws, regulations and contractual provisions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Each of Cohen’s claims fails for the same reason: Cohen has not plausibly alleged that Palmer’s “failure to disclose noncompliance with material statutory, regulatory, or contractual requirements” made any of its statements “misleading half-truths.” Universal Health Servs., Inc. v. United States ex rel. Escobar, — U.S. -, 136 S.Ct. 1989, 2001 , 195 L.Ed.2d 348 (2016).

1.Cohen has not plausibly alleged Palmer was prohibited from using force-account labor on its construction projects. None of Cohen’s authorities required Palmer to contract out the labor through a competitive bidding process. The American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, 123 Stat. 115, for example, requires competitive bidding if a locality contracts out the labor but does not prohibit a locality from…