Civil Remedies › Government Contracting › Civil Procedure

Wartime Suspension Of Limitations Act Suspends Statute Of Limitations In False Claims Act Cases

The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more

Courts of Appeals Continue to Limit the Government’s Aggressive False Claims Act Theories

This spring saw two significant victories for health care providers in the federal courts of appeals. In both cases, the courts rejected an aggressive government theory under the False Claims Act (FCA), the first related to...more

Supreme Court Clarifies Jurisdiction Over Claims Arising Under Procurement Code

The Pennsylvania Supreme Court recently confirmed the absolute right of Commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes with the...more

Fourth Circuit Holds FCA Statute Of Limitations Tolled By Wartime Suspension Of Limitations Act

The U.S. Court of Appeals for the Fourth Circuit recently held that the False Claims Act’s (FCA) statute of limitations can be tolled by the Wartime Suspension of Limitations Act (WSLA) in civil qui tam actions in which the...more

Court of Appeals Rules for Government in DSH Exhausted Benefit Day Appeal

For the last several years, hospitals and the government have fought hard over where days associated with certain “dual eligible” patients should be placed in the Medicare disproportionate share hospital (DSH) calculation. At...more

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Shell E & P Ireland Ltd v McGrath & ors

Judgement in Shell E & P Ireland Ltd v McGrath & ors

2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more

Qui Tam Case Study: Dismissal Based On Whistleblower’s Lack Of Standing

Qui tam lawsuits — cases brought by private whistleblowers on behalf of the government — represent a growing risk for businesses that contract with the government or make claims as part of a government program, such as...more

Equitable Estoppel Against Municipalities Restricted by Illinois Supreme Court

The doctrine of equitable estoppel bars a party from denying a fact, or opposing a claim, based on that party's previous statements or conduct. As a general rule, depending on the circumstances, it can be based on either...more

Federal Appeals Court Says Estimates in Government Bids Can Be Actionable As False Claims

The Ninth Circuit issued an opinion last week in which it held that knowingly making “false estimates” in connection with a bid for a government contract may be actionable under the False Claims Act (“FCA”), 31 U.S.C. §§3729...more

Court Allows Challenge of RAC Recoupment Process

In a decision issued June 5, 2012, a federal district court allowed suit by a hospital challenging the validity of Medicare regulations providing that a contractor’s decision to reopen an initial determination is not...more

CCA Associates v. United States

Brief Amicus Curiae Of The National Federation Of Independent Business Small Business Legal Center, The CATO Institute, And The...

This procedurally complex case boils down to a simple constitutional question: If the government reneges on a contract and forces a property owner to rent apartments at below-market rates for longer than originally agreed,...more

Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims

Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of...more

The D.C. Circuit Empowers Relators in Qui Tam Actions in United States ex rel. Schweizer v. Océ N.V.

As discussed in the March 2012 edition of the White Collar Watch, the case of United States ex rel. Schweizer v. Océ N.V. highlights the tension between the interests of qui tam relators and the United States Department of...more

Case Study: Sandager V. Dell Marketing

Originally Published in Law360, New York May 17, 2012 -- While the False Claims Act generally is understood to be a “whistleblower” statute, it has been a tool of choice in recent years for opportunistic qui tam relators who...more

Another U.S. District Court Follows The Lead Of The D.C. Circuit In Addressing The "First-To-File Bar" Circuit Split And Pushes...

While the False Claims Act (“FCA”) generally is understood to be a “whistleblower” statute, it has been a tool of choice in recent years for opportunistic qui tam relators who lack any inside information regarding the very...more

Avoiding "Embarrassment" In Contract Disputes Act Litigation: Routine vs. Non-Routine Requests For Payment

Contractors pursuing claims against the government under the Contract Disputes Act (“CDA”) can often fall victim to the jurisdictional pitfalls of the Act from the very start of the claims process, i.e., with the claim...more

Federal Circuit Reminder: Routine Requests for Payment May Not Be Filed as CDA Claims until They Are Disputed

Ensuring payment in the context of a termination for convenience settlement can be a complicated process for primes and subcontractors. A recent decision from the U.S. Court of Appeals for the Federal Circuit, Parsons Global...more

Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit

Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

Recently, a federal district court issued a ruling that could have a substantial impact on future qui tam claims brought under the False Claims Act ("FCA"). In United States of America ex rel. Bunk v. Birkart...more

Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act

In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of...more

Virginia Supreme Court Opinions Affecting Local Government Law: January 13, 2012

Today, the Virginia Supreme Court issued a number of opinions affecting the practice of Virginia local government law. These summaries are from the Virginia Supreme Court website.... 101168 Campbell County v. Royal...more

2012 California Construction Law Update

With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take...more

The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar

The Supreme Court recently heard oral argument in a case testing the scope of the False Claims Act’s public disclosure bar. The False Claims Act (“FCA”) is the government’s primary weapon against waste, fraud, and abuse in...more