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Excessive Fines Clause CLIA

Arnall Golden Gregory LLP

Is There a Constitutional Limit to Excessive Fines in False Claims Act Cases? Eleventh Circuit Says a Million Dollar Fine for a...

In late December, the U.S. Circuit Court of Appeals for the Eleventh Circuit issued its decision in Yates v. Pinellas Hematology & Oncology, P.A. The appellate court affirmed the district court’s imposition of damages and...more

Smith Gambrell Russell

Good News and Bad News Regarding Excessive Fines Clause in DOJ-declined FCA Cases

The Eleventh Circuit recently ruled that the Excessive Fines Clause applies in declined qui tam cases. That is the good news. However, the Eleventh Circuit also upheld a judgment where the ratio of total liability to actual...more

Bass, Berry & Sims PLC

Eleventh Circuit Becomes First Appeals Court to Hold that Excessive Fines Clause Applies in Declined FCA Cases

Bass, Berry & Sims PLC on

The Eleventh Circuit has become the first federal court of appeals to directly address whether the Eighth Amendment’s Excessive Fines Clause applies to the monetary award in a declined False Claims Act (FCA) case. And in an...more

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