McCormack Suny LLC Successfully Defeats $125 Million in False Claims Act Whistleblower Case in Precedent-Setting Summary Judgment Ruling

McCormack Suny LLC's litigation team, led by Managing Partner David Suny, in a precedent setting decision, successfully defeated a $125 Million False Claims Act whistleblower case in Commonwealth ex rel. Minarik v. Tresca Brothers Concrete, Sand and Gravel, Inc., Suffolk Superior Court, Business Litigation Session.

BOSTON, Feb. 5, 2024 /PRNewswire-PRWeb/ -- McCormack Suny LLC's litigation team, led by Managing Partner David Suny, in a precedent setting decision, successfully defeated a $125 Million False Claims Act whistleblower case in Commonwealth ex rel. Minarik v. Tresca Brothers Concrete, Sand and Gravel, Inc., Suffolk Superior Court, Business Litigation Session, Case No. 1784CV02608.

The claims were asserted against McCormack Suny's client, Tresca Brothers Sand and Gravel (Tresca), on behalf of 45 municipalities, charter schools and state agencies. This is one of the few cases ever dismissed on summary judgment in the history of the Commonwealth's false claims statute. The decision makes numerous new points of law on key issues such as intent to defraud and the materiality of alleged misrepresentations. Notably, this decision draws upon key rulings of general applicability to whistleblower defendants under the analogous Federal False Claims Act.

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 previous two-year wide-ranging investigation conducted by the Massachusetts Attorney's Generals Office False Claims Division. Tresca was exonerated on all charges.

David Suny and Tresca were very satisfied to obtain this sweeping ruling. "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. We were very pleased to see that the Court recognized that, and rejected the whistleblowers' claims," said David Suny. Suny credits his strong litigation team, led by Senior Litigation Counsel Alexis Smith Hamdan and Mary Theresa Moran, who brought both tremendous legal acumen and a tireless work ethic to the case to achieve complete dismissal prior to trial."

About McCormack Suny LLC

McCormack Suny, LLC is a Boston based, client centric, boutique law firm focusing on civil litigation and commercial real estate. The firm delivers a unique value proposition by providing clients with the highest quality legal services typically associated with the largest law firms, while delivering personalized attention and cost-effective solutions that are associated with a boutique firm. Its clients range from large corporations to closely held private companies, start-ups and high net worth individuals.

McCormack Suny recognizes that in the evolving corporate legal service industry, companies are increasingly looking to boutique law firms with specific skill sets to meet their unique legal demands and this his is why many businesses and individuals turn to the firm to navigate their thorniest problems and most sensitive matters.

Media Contact

Ann Chamberlain-Suny, McCormack Suny LLC, 1 857-331-6348, [email protected], https://mccormacksuny.com/

SOURCE McCormack Suny LLC