Attorney David Suny Featured in Concrete Products – Court Rejects $125m False claims case against Tresca Brothers Concrete

From Concrete Products:

Honoring a motion for summary judgment, Suffolk Superior Court has dismissed a five-year-old case where two whistleblowers asserted that Tresca Brothers Concrete, Sand & Gravel Inc. violated the Massachusetts False Claims Act by providing inaccurate age and water content information on ready mixed orders. Acting on behalf of 45 municipalities, charter schools and state agencies, plaintiffs also claimed that the Millis, Mass. producer had failed to pay prevailing wages for drivers on public project deliveries.

Tresca Brothers counsel McCormack Suny notes that the case is one of few ever dismissed on summary judgment in the history of the Commonwealth’s false claims statute, while

“the decision makes numerous new points of law on key issues such as intent to defraud and the materiality of alleged misrepresentations. The Court drew on the wide range of published decisions under the Federal False Claims Act, with broad implications for the national construction industry, making it much more likely that anyone participating in a public construction project will be protected from liability associated with potential similar future claims.”

The decision followed four years of litigation and a wide-ranging Massachusetts Attorney’s Generals Office False Claims Division investigation where Tresca Concrete was exonerated on all charges.

“Our firm has handled false claims cases on behalf of both whistleblowers and defendants, and while preventing government fraud is a key issue which we completely support, this case sought to question well-established construction practices that municipal customers benefit from,” says Managing Partner David Suny. “We were very pleased to see that the Court recognized that, and rejected the whistleblowers’ claims.”

Attorney David Suny is an experienced civil litigation and commercial real estate attorney and false claims act attorney who has been practicing law for more than 30 years and he has handled false claims act cases on behalf of both whistleblowers and defendants.