Sean F. Byrnes appeared for the second time before the Third Circuit Court of Appeals. In an exceedingly rare turn of events, Mr. Byrnes has managed two trips to the Court of Appeals in the same case. Mr. Byrnes has advanced the claims of a whistleblower under the Federal False Claims Act for nearly 10 years. His client’s whistleblowing led to a federal, criminal conviction of one of the owners of her former employer, and a $2 million settlement with the Federal government.
Following oral argument in the matter of Charte v. American Tutor (D.C. No. 3-10-cv-03318), the Third Circuit Court of Appeals reversed the lower court’s dismissal of the case. In a precedential decision on the scope of New Jersey’s Entire Controversy Doctrine, the Court reinstated the Plaintiff-Relator’s claims. The case is now pending in New Jersey Federal Court.
The decision of the Court can be read below: