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Monthly Archives: October 2014

President of Guardrail Company Admits Trinity Did Not Provide Notice of Design Changes

October 30, 2014

The president of Trinity Highway Products, Gregory Mitchell, testified at trial that his company did not tell a single state about design changes when they were made in 2005. The testimony came on October 16, 2014 in a False Claims Act case against Trinity. The lawsuit alleged that the company […]

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FHWA Calls for Guardrail Maker to Conduct New Crash Tests

In the wake of a jury finding that a leading guardrail maker, Trinity Industries, defrauded the federal government by failing to report design changes to a widely used guardrail system, the Federal Highway Administration demanded that Trinity perform new crash tests on guardrails. In a letter to the president of […]

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Whistleblower Trial Finds Trinity Guilty of Defrauding Federal Government

October 30, 2014

On October 20, 2014, a jury in Texas returned a verdict of $175 million against guardrail manufacturer, Trinity Industries, Inc. (“Trinity”). The jury found that Trinity deliberately withheld information about cost-saving changes to the design of its highway guardrail system that increased the dangers faced by motorists on the nation’s […]

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New York Lab To Settle False Claims Act Case for $6 Million

October 30, 2014

Bostwick Laboratories, Inc., an anatomic and pathology lab based in Uniondale, New York, has agreed to pay $6,048,000 to resolve claims pursued under the False Claims Act. The qui tam (“whistleblower”) lawsuit alleged that Bostwick improperly offered incentives to physicians in exchange for referrals and billed for unordered tests and […]

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State of Virginia Will Remove ET-Plus Guardrails

Trinity Industries failed to meet a November 24 deadline given by the state of Virginia to provide results of additional safety testing of the company’s ET-Plus guardrail system. Virginia now plans on removing all of the end terminal units from its roads and will seek reimbursement from Trinity for the […]

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ET-Plus Manufacturer Found Guilty of Fraud

October 21, 2014

The manufacturer of the ET-Plus guardrail system that has been under much scrutiny was found guilty Monday by a Texas jury of defrauding the federal government. Trinity Industries made a design change in 2005 to the end terminal unit without informing the Federal Highway Administration of the change. State governments […]

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ET-Plus Guardrail Scrutiny Grows

The state of Virginia in a letter to the manufacturer of the ET-Plus guardrail end terminal stated that it is considering removing all of the guardrails presently installed and not installing any new ET-Plus system unless Trinity Industries conducts testing on the redesigned unit by October 24. Read more here. […]

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National Consumer Law Center Issues Online Petitition Regarding Forced Arbitration

October 15, 2014

The National Consumer Law Center and the National Association of Consumer Attorneys have issued an online petition in advance of the Consumer Financial Protection Bureau’s final arbitration study. The petition urges the nation’s largest financial institutions to discontinue including mandatory arbitration agreements in consumer contracts. The online petition comes as […]

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More States Ban ET-Plus Guardrail

Missouri and Massachusetts have joined Nevada in banning the installation of the ET-Plus guardrail end terminal that has been linked to five deaths and many more injuries nationwide. According to a New York Times article, while federal highway officials have long insisted that the guardrails are safe, internal documents reveal […]

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