JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing
On June 28, 2021, the United States Supreme Court denied review of a Seventh Circuit decision affirming the Department of Justice (“DOJ”)-requested dismissal of a False Claims Act (“FCA”) suit alleging a drug kickback scheme....more
On February 22, 2021, the United States Supreme Court declined to resolve a circuit split regarding the proper standard under which False Claims Act (“FCA”) claims in the medical context should be reviewed. See Care...more
Just days after the twelfth anniversary of the Minnesota 35W bridge collapse, the Eighth Circuit summarily affirmed the dismissal of a False Claims Act case alleging that Minnesota government officials conspired to submit...more
The past 18 months have been a (relatively) wild time for the False Claims Act - on the books since 1863. In FY2018 the Department of Justice obtained more than $2.8 billion in settlements and judgments from cases involving...more
In an unanimous decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the U.S. Supreme Court settled a circuit split and gave qui tam relators more time to file actions alleging violations of the False Claims...more
Last month, in a unanimous decision, the U.S. Supreme Court ruled that the analysis of the applicable statute of limitations under the False Claims Act (FCA) as set forth in 31 U.S.C. § 3731 is the same regardless of whether...more
In a unanimous decision issued on May 13, 2019, the U.S. Supreme Court sought to resolve lingering confusion over the statute of limitations under the False Claims Act (FCA) for qui tam suits in which the federal government...more
The False Claims Act (FCA) has two limitations periods: 1) within 6 years after the violation occurred, or 2) within “3 years after the date when facts material to the right of action are known or reasonably should have been...more
Whistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a...more
Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...more
• The U.S. Supreme Court's much-anticipated decision in Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt, issued on May 13, 2019, holds that whistleblowers have more time to bring their qui tam suits. • The...more
The Supreme Court handed down its decision today in Cochise Consultancy, Inc. v. United States ex rel. Hunt, a closely-watched case about the False Claims Act’s (FCA) statute of limitations....more
The Supreme Court yesterday unanimously decided that a relator may take advantage of the longer ten-year statute of limitations under the False Claims Act in a case in which the United States has declined to intervene, as...more
The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War. The FCA has gone through many iterations since its enactment. Relevant here, the FCA allows a...more
On March 19, 2019, the Supreme Court heard arguments in Cochise Consultancy Inc. v. United States, ex rel. Hunt regarding how the False Claims Act’s (FCA) statute of limitations applies in qui tam actions brought by a private...more
The United States Supreme Court heard oral arguments in the case mentioned in our prior blog post, Cochise Consultancy v. United States, ex rel. Hunt, 887 F. 3d 1081 (11th Cir. 2018). The main question before the Supreme...more
On March 19, 2019, the U.S. Supreme Court heard oral arguments in Cochise Consultancy, Inc. v. United States ex rel. Hunt, a False Claims Act (“FCA”) case in which the Court is generally expected to resolve the ongoing...more
On Tuesday, March 19, the Supreme Court considered whether to extend the FCA’s alternate 10-year statute of limitations to cases in which the government does not intervene. The case, Cochise Consultancy Inc. v. United States,...more
The Director of the Civil Fraud Section of the Department of Justice (DOJ), Michael Granston, issued a memo in January 2018 noting the recent increase in qui tam lawsuits filed under the False Claims Act (FCA). The Granston...more
The False Claims Act’s statute of limitations is, easily, the most confusing portion of the False Claims Act. On November 16, the Supreme Court granted certiorari in case that has the potential to bring some clarity to the...more
The Second Circuit Court of Appeals recently held that a False Claims Act (FCA) relator could not evade the FCA’s first-to-file bar by filing an amended complaint after two earlier-filed FCA suits alleging similar conduct had...more
• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more
Last week the United States Supreme Court granted certiorari in State Farm Fire and Casualty Co. v. USA, ex rel. Rigsby, Case No. 15-513, to resolve a circuit split regarding the consequences of a qui tam relator violating a...more