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Early Resolution of FCA Civil Damages Under the Eighth Amendment’s Excessive Fines Clause? A Pending Case in Washington May...

The False Claims Act authorizes civil penalties between $10,781 to $21,563 per false claim, as well as three times the amount of damages which the government sustains (i.e. treble damages). The Eighth Amendment provides that...more

Ninth Circuit Concludes that Conviction Precludes Relator Recovery

The Ninth Circuit last week held that pursuant to 31 U.S.C. 3730(d)(3) of the False Claims Act (“FCA”), a qui tam relator who is convicted of conduct giving rise to the fraud that is the subject of the FCA lawsuit must be...more

Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation

Last week, the United States Court of Appeals for the Sixth Circuit vacated a federal district court’s award of $657 Million for treble damages under the False Claims Act (“FCA”), restitution, and prejudgment interest. See...more

Follow the Rules or Get the Boot: A Lesson in Following the CDA Prerequisites

The Contract Disputes Act (“CDA”), which governs disputes between contractors and the federal government, sets forth the rules for appealing a Contracting Officer’s Final Decision (“COFD”) to the Boards of Contract Appeals...more

A Recent Reminder of the Sovereign Acts Doctrine

The sovereign acts doctrine provides that the federal government, when sued as a contractor, cannot be held liable for an obstruction to the performance of the particular contract resulting from its public and general acts as...more

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