News & Analysis as of

Federal Contractors Petition for Writ of Certiorari

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Trump Ends $15-Per-Hour Contractor Minimum Wage Rate After Filing a Brief Defending Power to Set the Minimum Wage

On March 14, 2025, President Donald Trump issued Executive Order (EO) 14236—“Additional Rescissions of Harmful Executive Orders and Actions”—revoking eighteen executive orders and actions issued by former president Joe Biden....more

Goodwin

The Supreme Court Holds that the False Claims Act’s Scienter Element Turns on Defendant’s Subjective Beliefs, Rejecting Seventh...

Goodwin on

The Supreme Court recently issued a significant decision clarifying what it means to “knowingly” submit a false claim under the False Claims Act. At issue in United States ex rel. Schutte v. SuperValu Inc. were allegations...more

Dorsey & Whitney LLP

Supreme Court Declines to Weigh In on Latest Dispute Over Pleading Standard for Causes of Action Brought Under the False Claims...

Dorsey & Whitney LLP on

The Supreme Court recently denied three petitions for writs of certiorari, opting not to clarify the heightened pleading requirements for allegations of fraud under the False Claims Act (“FCA”). The cases for which certiorari...more

Quarles & Brady LLP

The Rollercoaster Continues to Roll: Federal Vaccine Mandates Back On?

Quarles & Brady LLP on

We recently provided updates on the complex and unsettled legal landscape surrounding the various federal vaccine mandates in an FAQ, “Vaccination Mandates: The Latest on OSHA’s Emergency Temporary Standard, Other Mandatory...more

Bradley Arant Boult Cummings LLP

Health-Care Providers Still Stymied on Evidence Needed to Prove FCA Violation

Courts nationwide have struggled for years with the question of when a subjective opinion is false under the False Claims Act. The Supreme Court’s decision to deny review of two cases involving health-care providers that had...more

Bradley Arant Boult Cummings LLP

Justices Should Weigh In On FCA Objective Falsity Standard

In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care...more

WilmerHale

False Claims Act: 2020 Year-in-Review

WilmerHale on

The Department of Justice (DOJ) announced on January 14, 2021 that it had recovered $2.2 billion in False Claims Act (FCA) settlements and judgments in its 2020 fiscal year. While that figure is down considerably from prior...more

Blank Rome LLP

What Qualifies as a “False” Claim? Supreme Court May Clarify

Blank Rome LLP on

Until recently, it was well-accepted that a violation of the False Claims Act (“FCA”) occurs only when there is a misrepresentation that is objectively false. Four circuits—the Fourth, Seventh, Tenth and Eleventh—had adopted...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2019 #2

PilieroMazza PLLC on

GOVERNMENT CONTRACTS LAW - Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR, June 28, 2019. The FAR Council is beginning to catch up with the SBA’s allowance that prime...more

WilmerHale

False Claims Act: 2018 Year-in-Review

WilmerHale on

Federal False Claims Act (FCA) recoveries in fiscal year 2018 amounted to $2.88 billion, down by roughly $600 million from the prior year and dropping below $3 billion for the first time in eight years. Healthcare cases,...more

Holland & Knight LLP

Supreme Court Punts Again on FCA Claims Specificity

Holland & Knight LLP on

The U.S. Supreme Court recently denied certiorari in United States ex rel. Walterspiel v. Bayer AG. This case, arising out of the Fourth Circuit, raised yet again the question of how much detail a False Claims Act (FCA)...more

Morrison & Foerster LLP

Navigating The Circuit Split On Implied False Certification

Morrison & Foerster LLP on

The U.S. courts of appeals disagree along two, perhaps three, lines over both the scope and validity of the doctrine of implied false certification under the False Claims Act. These divergences mean that motion practice and...more

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