Foley Wins Dismissal for City of Milwaukee in FCA Suit

Foley & Lardner LLP represented the City of Milwaukee in winning dismissal of a False Claims Act suit in which a pair of relators alleged that the city, county, and housing authority of Milwaukee falsely certified compliance with anti-discrimination and housing laws to receive government funding.

Even after giving the relators permission to file a second amended complaint earlier this year with instructions to allege the municipal bodies specifically violated the False Claims Act, U.S. District Judge Stadtmueller agreed with Foley’s arguments that relators still failed to do so.

On October 27, 2023, the court dismissed the relators’ second amended complaint, agreeing that the relators had not sufficiently identified what legal standards the city violated to make its certifications false or how the city violated statutes or regulations underlying its certifications. The court dismissed the suit with prejudice, not giving the relators an opportunity to file another amended complaint.

The Foley team representing the City of Milwaukee is led by Partner Matthew Krueger and includes Associates Harper Brown and David Wenthold.

The case underscores the strength of Foley’s False Claims Act defense practice. Foley’s multidisciplinary team is composed of former federal prosecutors, commercial civil litigators, and enforcement attorneys, all with deep and specific experience in their field, ready to devise a flexible, proactive approach tailored to meet client needs.