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False Claims Act (FCA) › Damages › Treble Damages

Jones Day

Federal Court Rejects False Claims Act's Draconian Penalties

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Following a jury's verdict, a federal court slashed civil penalties under the False Claims Act ("FCA") as violative of the Constitution's 8th Amendment....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

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

McDermott Will & Schulte

New York Legislation Proposes to Retroactively Remove FCA Culpability Standard for Tax Law Claims

McDermott Will & Schulte on

With Halloween just a few weeks away, a scary proposal is brewing in the New York State Legislature that should give taxpayers chills. Companion bills Assembly Bill 11066 and Senate Bill 8872 were recently introduced by...more

Pillsbury Winthrop Shaw Pittman LLP

One Potential Remedy for FCA Overreach?

Pillsbury Winthrop Shaw Pittman LLP on

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

Bass, Berry & Sims PLC on

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

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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