News & Analysis as of

Jurisdiction False Claims Act (FCA)

Morgan Lewis

Ninth Circuit Revisits Jurisdiction Over FCA Claims Based on Alleged Customs Violations

Morgan Lewis on

In a pending case, Island Industries Inc. v. Sigma Corp., the US Court of Appeals for the Ninth Circuit is poised to decide whether district courts have subject matter jurisdiction over False Claims Act qui tam actions that...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

Fox Rothschild LLP on

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Venable LLP

[Webinar] Post Mid-Year Government Contracts Round-Up: Most Significant Claims Cases of the First Half of 2022 - August 23rd, 2:00...

Venable LLP on

The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more

Bass, Berry & Sims PLC

The California Insurance Frauds Prevention Act: What to Know About California’s Powerful Commercial Health Insurance Fraud Statute

Bass, Berry & Sims PLC on

Although this blog focuses mainly on the federal False Claims Act (FCA), other antifraud statutes feature in the qui tam relator and government enforcement toolkit. Key among them: the California Insurance Frauds Prevention...more

Sheppard Mullin Richter & Hampton LLP

The Special Inspector General for Pandemic Recovery Calls For Increased Funding and Expanded Jurisdiction In Its Quarterly Report...

On July 30, 2021, the Special Inspector General for Pandemic Recover (“SIGPR”), Brian D. Miller, submitted his quarterly report to Congress. SIGPR was created as an independent watchdog of the Department of the Treasury...more

Troutman Pepper

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

Troutman Pepper on

Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more

Mintz - Health Care Viewpoints

Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases

The Seventh Circuit Court of Appeals recently decided a case that created a new standard to assess requests by the Department of Justice (DOJ) to dismiss declined qui tam (whistleblower) suits under the False Claims Act...more

Dorsey & Whitney LLP

$34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another

Dorsey & Whitney LLP on

Earlier this month, the U.S. Court of Appeals for the First Circuit overturned its own precedent to hold the FCA’s first-to-file rule is “non-jurisdictional.” In so doing, the First Circuit flipped the district court’s award...more

Dorsey & Whitney LLP

D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a district court’s dismissal of a qui tam action under the oft-litigated, “public disclosure bar,” where the transactions that gave rise to an inference of...more

Carlton Fields

Florida Qui Tam Statute Applies to False Claims Made to State, not Local, Governments

Carlton Fields on

What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more

Davis Wright Tremaine LLP

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Dorsey & Whitney LLP

Third Circuit Upholds Application of pre-ACA Public Disclosure Bar to FCA Claims Filed after the ACA’s Effective Date

Dorsey & Whitney LLP on

On August 26, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to apply the version of the FCA’s public disclosure bar in existence before the enactment of the Patient Protection and...more

Foley & Lardner LLP

Eleventh Circuit Affirms Dismissal of Relator's Complaint Under Amended Public Disclosure Bar

Foley & Lardner LLP on

In United States of America ex rel. Marc Osheroff v. Humana, Inc. et al., No. 13-15278 (11th Cir., Jan. 16, 2015), the Eleventh Circuit affirmed dismissal of a relator’s complaint under the public disclosure bar of the False...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 36

In this issue: - Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld - FINRA Board to Consider Rule Proposals Regarding Private Trading Platforms - CBOE and C2 in...more

Proskauer - California Employment Law

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

Proskauer - Whistleblowing & Retaliation

Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

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