Search results

Order by most recent / most popular / relevance

Results: 1-10 of 18

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: 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: 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: 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: 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.”

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: here they go again, round III: financial reform bill contains more FCA amendments

Fried Frank Harris Shriver & Jacobson LLP
-
USA
-
June 29 2010

It seems that Congress cannot let any opportunity to amend the False Claims Act go to waste, and this month's legislative frenzy brings with it yet another amendment to the FCA, the third amendment in a little over a year

Civil False Claims Act: Fifth Circuit holds “prerequisite to payment” is a fundamental requirement in establishing “falsity” in a false certification case

Fried Frank Harris Shriver & Jacobson LLP
-
USA
-
November 3 2010

False certification cases brought under the civil False Claims Act are based on the theory that claims for payment for goods or services delivered to the Federal government can be considered "false" under the FCA if the defendant, in the course of performance, fails to comply with a statute, regulation, contract provision or other legal requirement, and the defendant either expressly or implicitly "certifies" compliance with that legal requirement

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
-
USA
-
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

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
-
USA
-
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?

next >