Government Contracting Constitutional Law Civil Procedure

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Appellate Court Notes

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia...more

Asserting a Tribal Sovereign Immunity Defense, Even Where the Tribe has Contractually Waived its Immunity

The doctrine of sovereign immunity acts as a powerful protection for any sovereign entity. By prohibiting the courts from adjudicating whether or not the sovereign party breached a contract, committed a tort, or otherwise...more

Supreme Court Certiorari Denial Allows Circuit Split Regarding Retroactivity of the 2009 False Claims Act Amendments to Remain

On June 24, 2013, the Supreme Court denied certiorari to review the Sixth Circuit’s November 2012 decision in United States ex rel. Sanders v. Allison Engine Co. This allows a significant circuit split over the retroactive...more

Fourth Circuit Joins D.C. Circuit In Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule...more

A “Stark” Result for South Carolina Hospital: Stark Law Violations May Cost Up to $357 Million in Penalties

After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...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

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

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

Why Is Qui Tam Litigation Often So Difficult to Resolve?

The Current Qui Tam Environment There has been a shift in the fault patterns of qui tam litigation. More qui tam cases are being filed than ever before. The statistics demonstrate that the number has increased steadily over...more

Texas General Land Office v. Porretto

Opinion Reversing and Rendering Judgment for Texas GLO

After the State of Texas lost an important trial concerning state versus private ownership of beachfront property, the State retained MDJW lawyers, Levon Hovnatanian and Dale Jefferson, to represent it in further proceedings...more

"Give Me Your Huddled Masses": COFC Still Beckons To Protesters

The U.S. Court of Federal Claims' (“COFC”) decision in Jacobs Technology, Inc. v. United States, No. 11-180C, 2011 WL 2044581 (Fed. Cl. May 26, 2011) (“Jacobs Technology”) does double duty, affirming once again the...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

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