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Government Contracting Civil Remedies

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Recent FCA Settlement Shows That What’s Old Is New in Health Care Fraud Enforcement

Last week, the U.S. Attorney’s Office for the District of Massachusetts announced that it had entered into an agreement with a Massachusetts-based medical device manufacturer to settle allegations that the Company had...more

Setting Aside Certificates for "Manifest Error"

by White & Case LLP on

In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error"...more

False Claims Act Alert: Federal Grant Reporting Serves as Basis for FCA Action

by Jones Day on

On February 16, 2018, the University of North Texas settled with the Department of Justice for more than $13 million based upon a self-reported failure to accurately measure, track, and pay researchers for effort spent on...more

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

by Bass, Berry & Sims PLC on

This Post at a Glance - - Company made false statements related to import duty charges - Investigation initiated by whistleblower complaint from company’s competitor - Trump Administration likely to impose...more

Contracting Authorities Face Uphill Task In Lifting Automatic Suspension in Procurement Disputes

by Bryan Cave on

The Supreme Court decided last year in Nuclear Decommissioning Agency v Energy Solutions EU Ltd [2017] UKSC 34 (“the NDA case”) that a claimant no longer had an automatic right to damages for a breach of the public...more

Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility

A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more

Federal Court Strikes Massive False Claims Act Verdict Following Landmark Escobar Ruling

by Morgan Lewis on

The ruling in Universal Health Services, Inc. v. Escobar "rejects a system of government traps, zaps, and zingers that permits the government to retain the benefit of a substantially conforming good or service but to recover...more

U.S. Court of Federal Claims Reports on Busy and Productive FY17

by Bass, Berry & Sims PLC on

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

DOJ Releases its 2017 False Claims Act Recovery Statistics

On December 21, 2017, the United States Department of Justice (DOJ) released its annual False Claims Act (FCA) recovery statistics for fiscal year (FY) 2017. The press release measures the DOJ’s total haul at $3.7 billion....more

Why Brexit Could Limit Damages in Procurement Challenges

by Bryan Cave on

A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the possibility that aggrieved suppliers in public procurement cases in the UK run the risk of losing their future rights to...more

Sixth Circuit Reverses Dismissal Of Putative Class Action, Finding Third-Party Complaints May Be Sufficiently "True" To Constitute...

by Shearman & Sterling LLP on

On December 13, 2017, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a consolidated putative class action against Community Health Systems, Inc. (“Community”), its CEO, and CFO. Norfolk...more

Federal District Court in Virginia Holds That Prime Contractor’s Payment Bond Surety Cannot Rely on No-Damages-For-Delay Clause in...

by Pepper Hamilton LLP on

United States v. John C. Grimberg Co., Case No. 1:16-cv-991, 2017 U.S. Dist. LEXIS 173362 (E.D. Virginia, October 19, 2017) - John C. Grimberg (“Prime Contractor”) was awarded a contract (the “Prime Contract”) to design...more

The Government Never Dies: Ninth Circuit Upholds Government Action Rule Dismissal - Appellate Court Affirms District Court's...

by Holland & Knight LLP on

• A key ruling by the U.S. Court of Appeals for the Ninth Circuit will block qui tam relators from bringing copycat False Claims Act suits. • In United States ex rel. Max Bennett v. Biotronik, Inc., the Ninth Circuit held...more

Fifth Circuit Decision in Highway Guardrails Case Provides Important Guidance on Materiality in False Claims Act Cases

by Mintz Levin on

The U.S. Court of Appeals for the Fifth Circuit recently decided a case that could have a substantial impact on False Claims Act (“FCA”) jurisprudence with respect to the element of “materiality.” In U.S. ex rel. Joshua...more

DOJ Bows Out of ManorCare FCA Case

by Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court...more

Humana Bundles Up; Files Suit To Recover Hundreds Of Millions In Risk Corridor Payments From Uncle Sam

by Carlton Fields on

On November 2, Humana filed a lawsuit in the United States Court of Federal Claims to recover approximately $600 million allegedly owed by the United States government. See Humana Inc. v. U.S., case number 1:17-cv-01664. ...more

Louisiana Court Finds Executive Order Extending Protections to LGBT Employees of State Contractors Unconstitutional

In April of 2016, Louisiana Governor John Bel Edwards signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination...more

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

by Pepper Hamilton LLP on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Bid Protests in Colorado: Important New Changes

Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more

When a Defendant Loses, but Still Collects Attorney Fees, in a False Claim Act Case

by Pepper Hamilton LLP on

Under the federal False Claims Act (FCA) the prevailing plaintiff — be it the government or a qui tam plaintiff — is automatically entitled to recover attorney fees. 31 U.S.C. § 3730(d)(1) and (2). Originally published in...more

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

...On July 25, 2017, the U.S. Securities and Exchange Commission (SEC) announced it was awarding nearly $2.5 million to a government employee who tipped off the SEC to a company’s wrongdoing. Although the SEC does not...more

Second Circuit Affirms $800 Million Judgment Under Securities Act And Certain State "Blue Sky" Laws, Addressing A Variety Of...

by Shearman & Sterling LLP on

On September 28, 2017, the United States Court of Appeals for the Second Circuit affirmed a judgment, entered after a bench trial by Judge Denise Cote of the United States District Court for the Southern District of New York,...more

Jury Verdict Expands to $298 Million in False Claims Act/FIRREA Case as Court Assesses Treble Damages and Penalties

A federal court in Texas recently entered a massive judgment against a mortgage originator for financial crisis conduct, transforming an already severe $93 million jury verdict into a $298 million punishment, and issuing one...more

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