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Trinity Fifth Circuit Court of Appeals Reply Brief (July 21, 2016)...Read more 

Trinity Fifth Circuit Court of Appeals Opening Brief...Read More 

  • Texas, Alabama, Arkansas, Colorado, Indiana, Louisiana, Nevada, Oklahoma, South Carolina, Utah and Wisconsin Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More 

  • National Association of Manufacturers, U.S. Chamber of Commerce and American Tort Reform Association Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More

  • Mothers Against Drunk Driving Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More 

  • Former U.S. Department of Justice Officials Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More 

  • Cato Institute Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More

  • Washington Legal Foundation Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants...Read More 


 

Trinity Industries, Inc. Addresses Judgment in the Eastern District of Texas and Announces It Intends to Seek Reversal of Judgment

DALLAS – June 9, 2015 – Trinity Industries, Inc. (NYSE:TRN) today announced that the United States District Court for the Eastern District of Texas, Marshall Division, has entered judgment in the federal False Claims Act (the “Act”) case filed against the Company by Joshua Harman involving the ET Plus® System (“ET Plus”). Trinity Highway Products, LLC manufactures the ET Plus pursuant to exclusive licensing granted by the Texas A&M University System. The judgment was expected after post-verdict, court-ordered mediation failed to resolve the numerous legal issues involved...Read More

 
Background to Trinity's Federal District Court Filings from 04/10/2015 and 04/13/2015

After reviewing and analyzing the results of the eight additional crash tests conducted in December 2014 and January 2015, the Federal Highway Administration (FHWA)—together with Dr. H. Clay Gabler of Virginia Tech, an independent expert contracted by the FHWA, and the Southwest Research Institute, an independent, accredited, ISO-certified, and FHWA-qualified testing agency—determined that the ET Plus passed all tests and meets the NCHRP Report 350 testing criteria. The ET Plus is now the most tested highway product of its kind under NCHRP Report 350, and has enjoyed continuous federal-aid eligibility from its initial acceptance by the FHWA through today...

Additionally, the FHWA and the American Association of State Highway Transportation Officials (AASHTO), following months of data collection and analysis, made significant findings in their March 11, 2015 Report, including their conclusion that there is a single version of the ET Plus 4” Guardrail End Terminal installed on roadways around the country.

After the FHWA/AASHTO task force released its report and the ET Plus successfully passed all eight crash tests, Trinity filed motions with the Federal District Court in the False Claims Act case to take judicial notice of the task force findings, the FHWA’s crash test determination, and Southwest Research Institute’s crash test reports.

Following each of Trinity’s filings for judicial notice, Mr. Harman filed opposition motions in which the predominant theme was to attack the processes, analyses, and findings of the FHWA, its independent consulting expert, the testing agency, AASHTO, and the efforts of the FHWA/AASHTO joint task force.

These unfounded attacks and criticisms caused Trinity to file replies to Mr. Harman’s opposition motions.  Our replies are posted on this website and are intended to highlight the inconsistencies and inaccuracies of Mr. Harman’s attacks on the integrity and professionalism of the FHWA, its independent expert, and even Southwest Research Institute, who have each determined that the test results are in full compliance with NCHRP Report 350 criteria.




 
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