Judge Throws Out Software Suit Against Lockheed Martin


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A lawsuit filed in 2006 that accused the company, Lockheed Martin, of lying to the government about creating corrupt and perhaps dangerous software for the F-35 Joint Strike Fighter flight control system has been dismissed by U.S. District Court Judge, Terry Means.

According to Bob Cox of the Fort Worth Star-Telegram, the lawsuit, which was filed by former software product manager for the Lockheed Martin F-35 flight control application, Sylvester Davis, made claims that the software contained “substantial corruption which has multiplied significantly the risks that the software will not operate as intended.”

In his lawsuit, Davis claimed that the F-35 software “was not being developed according to Lockheed’s internal guidelines”.

The False Claims Act law suit also alleged that Davis had informed the managers at Lockheed Martin of the software issue in an attempt to change these processes in order to meet the government’s standards.

The Federal False Claims Act states that employees or other persons who have knowledge and evidence of any individual or company knowingly charging the government for work not performed or not performed in the proper manner, can file a law suit.

Means sided with the Lockheed Martin attorneys, who contended that Davis failed to present evidence that Lockheed or its employees made false claims. Means stated that Davis, “fails to allege the dates of any false claim or any information regarding the documents Lockheed submitted to the government for payment.”

Davis’ Attorneys have filed a motion asking Judge Means to suspend the ruling to allow them to present untried evidence supporting Davis’ case. However, Judge Means dismissed the suit with prejudice arguing that he saw no reason to allow Davis to file again.

Joe Stout, spokesman for Lockheed Martin said in a statement that, “Until this matter is finally resolved, we will continue to vigorously defend the company against these claims”. He also stated that Lockheed does not believe that there is any merit to the claims the Davis has made against the company.

According to the Star-Telegram, an email from Davis’ attorney, Sam Boyd of Boyd & Associates insisted that, “the court will reconsider its rulings per our motion” .


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