News & Analysis as of

False Claims Act (FCA) Jurisdiction

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

The Volkov Law Group

Landmark Ninth Circuit Ruling Expands Application of False Claims Act to Trade Enforcement (Part II of II)

The Volkov Law Group on

DOJ’s ability to bring False Claims Act actions against companies for customs fraud was affirmed in a significant Ninth Circuit decision, United States ex rel. Island Industries Inc. v. Sigma Corp., No. 22‑55063, __ F.4th __...more

Morgan Lewis

Ninth Circuit Exempts Relators from Ban on Customs-Based FCA Actions

Morgan Lewis on

In a recent decision, the US Court of Appeals for the Ninth Circuit determined that its decades-long ban on customs-based False Claims Act actions does not apply to qui tam relator actions. The decision leaves the ban in...more

Foley & Lardner LLP

Ninth Circuit Slams Importer in a False Claims Act Case Involving the Knowing Avoidance of Antidumping Duties

Foley & Lardner LLP on

A recent Ninth Circuit decision underscores why importers should be worried that they will be hit with a large government bill under the False Claims Act (FCA) to pay for newly raised duties imposed on imported products. The...more

Miller & Martin PLLC

Fraud in the Inducement: The Collision of Causation, Confusion, Common Law, and Common Sense

Miller & Martin PLLC on

Federal courts have long recognized fraud in the inducement (also referred to as simply “fraudulent inducement”) (“FITI”) as an actionable theory of recovery under the False Claims Act (“FCA”). However, while loosely rooted...more

Husch Blackwell LLP

Ninth Circuit Finds Importer Liable Under False Claims Act for Failure to Pay Antidumping Duties

Husch Blackwell LLP on

The Ninth Circuit Court of Appeals in Island Industries v. Sigma Corp., upheld a lower court jury determination that an importer of welded pipe fittings is liable for $8 million in unpaid antidumping duties under the False...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Troutman Pepper Locke

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions...

Troutman Pepper Locke on

On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more

Morrison & Foerster LLP - Government...

Ninth Circuit Sits En Banc To “Tidy Up The Law” On The False Claims Act’s First-To-File Rule

In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the...more

Morgan Lewis

Ninth Circuit Revisits Jurisdiction Over FCA Claims Based on Alleged Customs Violations

Morgan Lewis on

In a pending case, Island Industries Inc. v. Sigma Corp., the US Court of Appeals for the Ninth Circuit is poised to decide whether district courts have subject matter jurisdiction over False Claims Act qui tam actions that...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

Fox Rothschild LLP on

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Venable LLP

[Webinar] Post Mid-Year Government Contracts Round-Up: Most Significant Claims Cases of the First Half of 2022 - August 23rd, 2:00...

Venable LLP on

The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more

Bass, Berry & Sims PLC

The California Insurance Frauds Prevention Act: What to Know About California’s Powerful Commercial Health Insurance Fraud Statute

Bass, Berry & Sims PLC on

Although this blog focuses mainly on the federal False Claims Act (FCA), other antifraud statutes feature in the qui tam relator and government enforcement toolkit. Key among them: the California Insurance Frauds Prevention...more

Sheppard Mullin Richter & Hampton LLP

The Special Inspector General for Pandemic Recovery Calls For Increased Funding and Expanded Jurisdiction In Its Quarterly Report...

On July 30, 2021, the Special Inspector General for Pandemic Recover (“SIGPR”), Brian D. Miller, submitted his quarterly report to Congress. SIGPR was created as an independent watchdog of the Department of the Treasury...more

Troutman Pepper Locke

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

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Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more

Mintz - Health Care Viewpoints

Seventh Circuit Adds to Circuit Split Over Standard for DOJ Dismissals in FCA Cases

The Seventh Circuit Court of Appeals recently decided a case that created a new standard to assess requests by the Department of Justice (DOJ) to dismiss declined qui tam (whistleblower) suits under the False Claims Act...more

Dorsey & Whitney LLP

$34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another

Dorsey & Whitney LLP on

Earlier this month, the U.S. Court of Appeals for the First Circuit overturned its own precedent to hold the FCA’s first-to-file rule is “non-jurisdictional.” In so doing, the First Circuit flipped the district court’s award...more

Dorsey & Whitney LLP

D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a district court’s dismissal of a qui tam action under the oft-litigated, “public disclosure bar,” where the transactions that gave rise to an inference of...more

Carlton Fields

Florida Qui Tam Statute Applies to False Claims Made to State, not Local, Governments

Carlton Fields on

What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more

Davis Wright Tremaine LLP

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Dorsey & Whitney LLP

Third Circuit Upholds Application of pre-ACA Public Disclosure Bar to FCA Claims Filed after the ACA’s Effective Date

Dorsey & Whitney LLP on

On August 26, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to apply the version of the FCA’s public disclosure bar in existence before the enactment of the Patient Protection and...more

Foley & Lardner LLP

Eleventh Circuit Affirms Dismissal of Relator's Complaint Under Amended Public Disclosure Bar

Foley & Lardner LLP on

In United States of America ex rel. Marc Osheroff v. Humana, Inc. et al., No. 13-15278 (11th Cir., Jan. 16, 2015), the Eleventh Circuit affirmed dismissal of a relator’s complaint under the public disclosure bar of the False...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 36

In this issue: - Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld - FINRA Board to Consider Rule Proposals Regarding Private Trading Platforms - CBOE and C2 in...more

Proskauer - California Employment Law

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll...more

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