1. Home
  2. |Insights
  3. |Construction Group Secures Favorable Settlement for PCL Civil Constructors

Construction Group Secures Favorable Settlement for PCL Civil Constructors

Client Alert | less than 1 min read | 01.01.06

Crowell & Moring secured a favorable settlement for our client in a construction defect case involving a sewer pipe in San Diego. In 2003, the City of San Diego brought suit against general contractor PCL Civil Constructors Inc. for alleged defective installation of joint welds in the interior lining of the sewer pipe. Representing PCL Civil Constructors, Stuart Einbinder was the partner in charge and was assisted by former counsel Rosemary Carson and counsel Theresa Lopez. The opposing counsel was the City Attorney-Civil Division of the City of San Diego. The case was settled in the spring of 2005

Insights

Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

View All Insights