Marty led a team that defeated a major False Claims Act (FCA) case in U.S. District Court in Milwaukee. The relator alleged massive fraud committed against the Department of Education by a large for-profit career college over more than seven years. Total damages plus penalties claimed were $394 million.
The District Court granted a motion to dismiss in part for failure to state a claim, a motion to dismiss in part for lack of subject matter jurisdiction, and the week before trial granted summary judgment on all remaining claims. The Seventh Circuit Court of Appeals affirmed all those rulings, in a groundbreaking opinion that redefined Seventh Circuit law under the FCA.