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Judge dismisses whistleblower suit against Rolls-Royce

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A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.

Judge Sarah Evans Barker on Monday sided with London-based Rolls-Royce, which employs about 4,500 people in Indianapolis, on its motion to dismiss the case.

Curtis Lusby, who worked as a senior project engineer at the Indianapolis Rolls-Royce aircraft engine plant until 2001, accused the company of violating the False Claims Act by selling parts to the government that it knew did not regularly meet contractual specifications and requirements.

The parts were used in the T56 turboprop engine developed in the 1950s, one of the longest-serving engines in the military’s fleet.

Barker said in her ruling that Lusby failed to prove the accusations because he provided no evidence that Rolls-Royce ever sold a defective part to the government.

“At this late stage in this litigation, mere assumptions and speculation are insufficient to carry the day,” Barker wrote. “In the oft-used phrase, summary judgment is the ‘put up or shut up’ moment in a lawsuit.”

Lusby instead argued that Rolls-Royce should bear the burden of proof that it had not violated the law because it was responsible for the flaws.

But Barker said Lusby was unable to provide previous cases to support his argument.

In a prepared statement, Rolls-Royce said it is pleased with the ruling, which confirms that Lusby’s claims had no merit.

The case had been winding its way through the federal court system for years. Lusby first sued Rolls-Royce in May 2003. After two of his lawyers withdrew from the case at different times, he filed amended complaints in 2006 and 2007.

U.S. District Court in Indianapolis dismissed his complaint. But the Seventh Circuit Court of Appeals in June 2009 reversed part of the judgment, returning it to the federal court in Indianapolis.

Rolls-Royce still faces a similar lawsuit in the same court filed by a former safety official charging that the company concealed repeated defects at the aircraft engine plant.
 

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  1. Now if he'd just stay there...

  2. Daniel - what about the many US citizens who do NOT follow what the Bible teaches? The Hindus, Jews, Muslims and others who are all American citizens entitled to all rights as Americans?? This issue has NOTHING to do with "What the Bible says..." Keep all Churches separate from State! Pence's ongoing idiocy continues to make Indiana look like a backwards, homophobic state in the eyes of our nation. Can't we move on to bigger issues - like educating our kids?

  3. 1. IBJ should link to the referenced report. We are in the age of electronic media...not sharing information is lazy. Here is a link http://www.in.gov/gov/files/Blue_Ribbon_Panel_Report_July_9_2014.pdf 2. The article should provide more clarity about the make-up of this panel. The commenters are making this item out to be partisan, it does not appear the panel is partisan. Here is a list of the panel which appears to be balanced with different SME to add different perspectives http://www.in.gov/activecalendar/EventList.aspx?view=EventDetails&eventidn=138116?formation_id=189603 3. It suggests a by-pass, I do not see where this report suggests another "loop". 4. Henry, based on your kneejerk reaction, we would be better off if you moved to another state unless your post was meant as sarcasm in which case I say Well Done. 5. The article and report actually indicates need to improve rail and port infrastructure in direct contradiction to Shayla commentary. Specifically, recommendation is to consider passenger rail projects... 6. People have a voice with their elected officials. These are suggestions and do not represent "crony capitalism", etc. The report needs to be analyzed and the legislature can decide on priorities and spending. Don't like it, then vote in a new legislature but quit artificially creating issues where there are none! People need to sift through the politics and provide constructive criticism to the process rather than making uninformed comments in a public forum based on misinformation. IBJ should work harder to correct the record in these forums when blatant errors or misrepresentations are made.

  4. Joe ... Marriage is defined in the Bible ... it is mentioned in the Bible often. Marriage is not mentioned once in the US or Indiana Constitution ...

  5. Daniel - Educate me please: what does the Bible have to do with laws? If the government wasn't in the business of marriage to begin with, then it wouldn't have to "define" marriage at all. Marriage could be left as a personal, religious, or otherwise unregulated action, with no ties to taxes, legal status, etc. Then people could marry whomever they want, and all this silliness would go away. Remember to vote Libertarian in November.

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