News & Analysis as of

Treble Damages Federal Contractors

Pillsbury Winthrop Shaw Pittman LLP

U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

Blank Rome LLP

Partial Settlement and Allocation of Damages Liability under the False Claims Act (“FCA”)

Blank Rome LLP on

On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v....more

Morgan Lewis

DC Circuit: Pro Tanto Rule in False Claims Act Cases Reduces Risk of Windfall Damages Recoveries

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The US Court of Appeals for the DC Circuit issued an important opinion on August 30, 2022, that reinforces the seemingly obvious principle that the government is not entitled to windfall damages recoveries in False Claims Act...more

Holland & Knight LLP

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

Holland & Knight LLP on

False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

One Potential Remedy for FCA Overreach?

Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more

Bass, Berry & Sims PLC

FCA Deeper Dive: Developments Regarding Penalties and Damages

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Baker Donelson

Failing to Pay Proper Wages on Government Contracts Can Lead to Liability Under the False Claims Act

Baker Donelson on

For FY 2016, there are more than 36,000 federal government construction contracts where Davis-Bacon Act, 40 U.S.C. § 3142, prevailing wages applied. According to www.spending.gov, these types of contracts accounted for $9...more

Clark Hill PLC

Federal False Claims Act (FCA) Actual Damages for Non-Compliant Goods or Services That Cannot Be Remedied

Clark Hill PLC on

The Federal False Claims Act, 31 U.S.C. § 3279 ("FCA"), penalizes contractors for, among other false claims, presenting a claim for payment to the Federal Government for goods or services that were not performed. A...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court to Hear False Claims Act "Implied Certification" Appeal

The U.S. Supreme Court will hear oral argument on April 19, 2016, in United Health Services v. United States ex rel. Escobar, No. 15-7, a case likely to resolve the current split among federal appellate courts on the...more

PilieroMazza PLLC

U.S. Supreme Court’s Upcoming Ruling on False Claims Act Case May Have Major Impact on Government Contractors

PilieroMazza PLLC on

The U.S. Supreme Court is set to hear oral arguments next month in a False Claims Act (“FCA”) case that could significantly broaden the scope of the statute and resolve a split among the U.S. Circuit Courts. If the Supreme...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

Troutman Pepper on

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Snell & Wilmer

The Federal and Nevada False Claims Acts

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Contractors are no strangers to the courts of justice. Litigation between contractors and owners frequently occurs when a project does not get completed on time or the work does not comply with the Contract Documents. The...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Case Reminds Government Contractors of False Claims Act Breadth

The recent opinion from the U.S. Court of Appeals for the Fourth Circuit in United States ex rel. Badr v. Triple Canopy, Inc., serves as a reminder of the breadth of the civil False Claims Act when applied to federal...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

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