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Sixth Circuit rejects DOJ efforts to equate regulatory non-compliance with False Claims Act liability

Fried Frank Harris Shriver & Jacobson LLP
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USA
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April 4 2013

For the second time in two weeks, an appellate court has injected a dose of reality into False Claims Act ("FCA") jurisprudence. Following closely on

Seventh Circuit reins in Justice Department’s overreaching False Claims Act damages theory

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 25 2013

For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act ("FCA") damages methodology

Fourth Circuit applies the Wartime Suspension of Limitations Act to the Civil False Claims Act

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 21 2013

The False Claims Act's ("FCA") six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of

Eighth Circuit rejects Justice Department efforts to avoid paying relators’ share on settlement “unrelated” to relators’ qui tam claims

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 8 2013

The Justice Department ("DOJ") received an unpleasant surprise last week. After releasing Hewlett-Packard Company ("HP") from a range of False Claims

Civil False Claims Act: district court says government cannot use civil investigative demands to cure its own pleading deficiencies

Fried Frank Harris Shriver & Jacobson LLP
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USA
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December 10 2012

United States District Judge Richard Bennett, a former U.S. Attorney, rejected attempts by his former Justice Department colleagues to use a Civil Investigative Demand (“CID”) to attempt to gather the information necessary to overcome a Rule 9(b) dismissal of the government’s False Claims Act (“FCA”) complaint

Civil False Claims Act: Sixth Circuit reverses $82 million FCA judgment that would have punished a company “solely for seeking to maximize profits” under federal regulations

Fried Frank Harris Shriver & Jacobson LLP
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USA
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October 11 2012

In a decision last week, the Sixth Circuit announced a much-needed common sense approach to the application of the civil False Claims Act (“FCA”) in a complex regulatory environment

False Claims Act: district court rules that Wartime Suspension of Limitations Act suspends False Claims Act’s six-year statute of limitations

Fried Frank Harris Shriver & Jacobson LLP
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USA
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August 16 2012

What if you woke up today and found out that everything you previously understood about the False Claims Act’s (“FCA”) statute of limitations had been a dream?

False Claims Act: Fifth Circuit allows former federal government employees to bring a qui tam suit

Fried Frank Harris Shriver & Jacobson LLP
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USA
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August 2 2012

One of most serious policy issues in qui tam enforcement under the False Claims Act (“FCA”) is the possibility that federal employees may use information obtained in the course of their government employment to enrich themselves by filing qui tam cases

Civil False Claims Act: D.C. Circuit reinforces SAIC decision in false certification case, rejecting FCA damages claim in case based on lack of supporting documentation

Fried Frank Harris Shriver & Jacobson LLP
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USA
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May 23 2012

In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act “false certification” case

Civil False Claims Act: court applies contra proferentem doctrine against the government in an FCA case based on an ambiguous contract provision

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 8 2012

In order to resolve the falsity element in many False Claims Act (FCA) cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated