LITIGATION RESOURCES

 
LITIGATION UPDATE
 

Trinity Industries, Inc. Announces Fifth Circuit Denies Petition for Rehearing En Banc in False Claims Act Case

DALLAS – November 14, 2017 – Trinity Industries, Inc. (NYSE:TRN) announces that earlier today the United States Court of Appeals for the Fifth Circuit, in a per curiam order, denied the Relator’s Petition for Rehearing En Banc in Joshua Harman, on behalf of the United States of America, Plaintiff/Relator v. Trinity Industries, Inc. and Trinity Highway Products, LLC, Defendants....Read More


 


Trinity Industries, Inc. Wins at Fifth Circuit Court of Appeals
Fifth Circuit Reverses Judgment, Finds No False Claims Act Violation

DALLAS – October 2, 2017 – Trinity Industries, Inc. (NYSE:TRN) announced today that on September 29, 2017, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) ruled that Trinity Industries, Inc. and Trinity Highway Products, LLC (together, the "Company") did not commit fraud, reversing the District Court’s $682.4 million False Claims Act judgment and rendering judgment for the Company. 

The Company is pleased with the panel’s unanimous opinion reversing the judgment. As the Fifth Circuit noted, the federal government has consistently reaffirmed the ET Plus® System meets all federal safety performance standards. This ruling confirms our long-standing belief that no fraud was committed.

Please refer to the Company’s Form 8-K issued contemporaneously with this Press Release as well as Note 18 to the financial statements in Trinity’s Form 10-K for the period ended December 31, 2016, and Form 10-Q for the period ended June 30, 2017, for additional information about Joshua Harman, on behalf of the United States of America, Plaintiff/Relator v. Trinity Industries, Inc., Defendant and the Company’s highway products and other litigation...Read More



09.29.2017 | MEDIA STATEMENT:  We are pleased the court overturned the verdict.  As this court has previously noted, the federal government has consistently reaffirmed the ET Plus® System meets all federal safety performance standards. This ruling affirms our longstanding belief that the ET Plus® System is safe and no fraud was committed. We are proud of standing strong and fighting for our beliefs.

 
LITIGATION UPDATES

Trinity Industries, Inc. Announces Fifth Circuit Denies Petition for Rehearing En Banc in False Claims Act Case

DALLAS – November 14, 2017 – Trinity Industries, Inc. (NYSE:TRN) announces that earlier today the United States Court of Appeals for the Fifth Circuit, in a per curiam order, denied the Relator’s Petition for Rehearing En Banc in Joshua Harman, on behalf of the United States of America, Plaintiff/Relator v. Trinity Industries, Inc. and Trinity Highway Products, LLC, Defendants...Read More

 

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.

TRINITY STATEMENTS
  •  11.14.2017 |  Trinity Industries, Inc. Announces Fifth Circuit Denies Petition for Rehearing En Banc in False Claims Act CaseNew Icon 

  • 11.14.2017 |  Fifth Circuit Denies Petition for Rehearing En Banc in False Claims Act Case - Court PDFNew Icon

  • 10.26.2017 |   Trinity Highway Products Legal Statement on 3rd Quarter 2017 Earnings Conference Call 

  • 10.02.2017 |   Trinity Industries, Inc. Wins at Fifth Circuit Court of Appeals– 8K Filing    

  • 07.26.2017 | Trinity Highway Products Legal Statement on 2nd Quarter 2017 Earnings Conference Call  

  • 04.26.2017 | Trinity Highway Products Legal Statement on 1st Quarter 2017 Earnings Conference Call   

  • 02.17.2017 | Trinity Highway Products Legal Statement on 4th Quarter 2016 Earnings Conference Call

  • 10.27.2016 | Trinity Highway Products Legal Statement on 3rd Quarter 2016 Earnings Conference Call

  • 08.18.2016 | Statement on U.S. DOJ Investigation Closing - 8-K Filing  

  • 07.22.2016 | Trinity Highway Products Legal Statement on 2nd Quarter 2016 Earnings Conference Call  

  • 04.22.2016 | Trinity Highway Products Legal Statement on 1st Quarter 2016 Earnings Conference Call

  • 04.01.2016 | A Letter to Stakeholders – Overview of Litigation Involving the ET Plus® Guardrail End Terminal System 

  • 02.19.2016 | Trinity Highway Products Legal Statement on 4th Quarter 2015 Earnings Conference Call

  • 10.23.2015 | Trinity Highway Products Legal Statement on 3rd Quarter 2015 Earnings Conference Call 

  • 07.24.2015 | Trinity Highway Products Legal Statement on 2nd Quarter 2015 Earnings Conference Call

  • 06.09.2015 | Trinity Industries, Inc. Addresses Judgment in the Eastern District of Texas and Announces It Intends to Seek Reversal of Judgment 

  • 04.24.2015 | Trinity Highway Products Legal Statement on 1st Quarter 2015 Earnings Conference Call 

  • 04.01.2015 | Overview of Litigation Involving the ET Plus® System 

  • 02.19.2015 | Trinity Highway Products Legal Statement on 4th Quarter 2014 Earnings Conference Call


  • LEGAL FILINGS

  • 09.29.2017 |  Fifth Circuit Court of Appeals Reverses Judgement and Rules in Favor of Trinity - Court Opinion PDF 

  • 07.21.2016 |  Trinity Fifth Circuit Court of Appeals Reply Brief 

  • 03.21.2016 | Trinity Fifth Circuit Court of Appeals Opening Brief 

  • 03.28.2016 | 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 

  • 03.28.2016 | 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 

  • 03.28.2016 | Mothers Against Drunk Driving Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants 

  • 03.28.2016 | Former U.S. Department of Justice Officials Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants 

  • 03.28.2016 | Cato Institute Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants 

  • 03.28.2016 | Washington Legal Foundation Fifth Circuit Court of Appeals Amicus Curiae Brief in Support of Appellants 

  • 07.07.2015 | Trinity's Motion for New Trial

  • 04.13.2015 | Reply In Support Of Defendants’ Request for Judicial Notice of FHWA’s Determination on Full Scale Crash Testing of the ET Plus® Guardrail Terminal

  • 04.10.2015 | Reply In Support Of Defendants’ Request for Judicial Notice of FHWA and AASHTO’s Findings on Dimensions of ET Plus® Guardrail End Terminal


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