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Seventh Circuit reins in Justice Department’s overreaching False Claims Act damages theory
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • 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


Civil False Claims Act: Supreme Court agrees to decide another “public disclosure” issue: are documents obtained through FOIA requests “public disclosures” under the False Claims Act?
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • September 29 2010

For years, the circuit courts have been clearly and deeply split on the issue of what "public disclosure" means when the qui tam relator learns critical elements of his or her claim as a result of receiving documents from a government agency under the Freedom of Information Act ("FOIA").


Civil False Claims Act: Supreme Court seeks Justice Department’s views on critical “original source” and Rule 9(b) issues
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • February 23 2010

Signaling an interest in stepping in to resolve long-standing and growing circuit splits on critically important “public disclosure” and Rule 9(b) issues, the Supreme Court has asked the Solicitor General to weigh in on the questions raised in the petition for certiorari in Ortho Biotech Product, L.P. v. United States ex rel. Duxbury, No. 09-654 (U.S.).


Civil False Claims Act: the Supreme Court hears oral argument in United States ex rel. Eisenstein v. City of New York
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • April 23 2009

Yesterday, the Supreme Court heard oral argument in United States ex rel. Eisenstein v. City of New York, No. 08-660, a case that never should have been before the Court to resolve an issue that never should have arisen.



John T. Boese
  • Fried Frank Harris Shriver & Jacobson LLP