Civil Remedies Government Contracting Civil Procedure

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“Entirely Comfortable” With a “Monster”: A Striking Decision From an Unlikely Source About Excessive Fines Under the FCA

As we have discussed before, whistleblower and retaliation decisions—including from the Supreme Court of the United States—have created an increasingly whistleblower-friendly body of law that unifies courts across the...more

ConstructLaw - January 2014

U.S. Supreme Court Holds Forum-Selection Clauses Are Presumptively Enforceable - Atl. Marine Constr. Co. v. United States Dist. Court 2013 U.S. LEXIS 8775 (U.S. 2013) - This action arose out of a forum-selection...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

California Lawyer 2013 Roundtable Series: False Claims

The Federal False Claims Act — Originally Intended To Stop Fraud Against the Union Army during the Civil War — seemed destined to fade into history after 1943, when Congress limited the rewards and evidence it allowed. But...more

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases

Trends and Analysis: ..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more

7th Circuit Determines Qui Tam False Claims Act Case Against ITT Should Go Forward

This week we look at the 7th Circuit's decision in Leveski v. ITT Educational Services, Inc., in which the court reinstated a False Claims Act qui tam action against ITT and removed the imposition of $395,000 in sanctions...more

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

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...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

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