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Civil False Claims Act: Supreme Court endorses broad interpretation of the term “administrative” in the public disclosure provision of the False Claims Act in Graham County II
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- March 31 2010
Today, the Supreme Court held, 7-2, that the term "administrative" in the False Claims Act's public disclosure provision in Section 3730(e)(4)(A) includes allegations or transactions disclosed in state and local administrative reports
Civil False Claims Act: Supreme Court hears oral argument in Graham County II on whether fraud allegations in state reports are “publicly disclosed” for FCA purposes
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- November 30 2009
The Supreme Court heard oral argument today in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, No. 08-304 (“Graham County II”), where the Court will, for the first time, interpret the “public disclosure” provision in Section 3730(e)(4)(A) of the False Claims Act
Civil False Claims Act: district court holds that applying FERA amendment retroactively would be unconstitutional
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- October 29 2009
When the Fraud Enforcement and Recovery Act of 2009 ("FERA") was passed by Congress and signed into law on May 20, 2009, most of the amendments to the liability provisions of the False Claims Act ("FCA") were prospective only
Civil False Claims Act: D.C. District Court decision limits retroactive effect of FERA amendment to pending “claims,” not pending cases
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- September 16 2009
The first major decision interpreting the retroactivity of one amendment to FCA liability in the Fraud Enforcement and Recovery Act of 2009 ("FERA") has limited the retroactive application of that amendment, holding that it applies to FCA "claims"not FCA casesthat were pending as of June 7, 2008
Civil False Claims Act: flexible Rule 9(b) standard recently applied by First and Fifth Circuits in FCA cases obviates need for legislative change
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- August 27 2009
A highly contentious topic in False Claims Act litigation is the application of the pleading standard in Rule 9(b) of the Federal Rules of Civil Procedure to qui tam complaints
Civil False Claims Act: First Circuit “public disclosure” decision misreads the “plain meaning” of the FCA’s original source provision and encourages parasitic suits
- Fried Frank Harris Shriver & Jacobson LLP
- -
- USA
- -
- August 20 2009
Some of the most contentious matters of statutory interpretation that arise under the False Claims Act relate to the FCA’s “public disclosure bar.”
Current Search
- Jurisdiction - USA
- Workarea - Projects & Procurement
- Firm Name - Fried Frank Harris Shriver & Jacobson LLP
- Author - Beth Collins McClain