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Federal Contractors Statute of Limitations

Seyfarth Shaw LLP

The New Administrative False Claims Act: Key Amendments and Implications

Seyfarth Shaw LLP on

On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year 2025 (FY 2025 NDAA) (P.L. 118-159) was signed into law. Among its numerous provisions, the FY...more

Robinson+Cole Construction Law Zone

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more

Morgan Lewis

Federal Circuit Decision Further Muddies Path to Compensation for Government Contractors

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In Zafer Construction Company v. United States, the US Court of Appeals for the Federal Circuit reaffirmed that a request for equitable adjustment by a contractor will be treated as a “claim” within the meaning of the...more

Husch Blackwell LLP

Perfecting A CDA Claim: Don’t Forget To Certify

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In a previous post, we discussed the need to include a sum certain as part of a CDA claim. This requirement of course is but one of several needed for a CDA claim to be valid and for the Court of Federal Claims and the boards...more

Vinson & Elkins LLP

Court Of Federal Claims Finds CDA Anti-Fraud Provision’s Statute Of Limitations Has A Hard Stop At 6

Vinson & Elkins LLP on

For federal contractors, the Contract Disputes Act (“CDA”)1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that...more

PilieroMazza PLLC

4 Issues That Defined the False Claims Act in 2019

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As I wrote two weeks ago, the Department of Justice (DOJ) recently released its annual fiscal year statistics on False Claims Act (FCA) and fraud matters. The report shows Fiscal Year 2019 was another big year for the FCA, as...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2019 Year in Review

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

Kilpatrick

False Claims Act SCOTUS Update: Supreme Court Rules on False Claims Act Qui Tam Statute of Limitations

Kilpatrick on

In a recent 9-0 decision issued by the United States Supreme Court (SCOTUS), the Court has set to rest the applicable statutes of limitations for claims brought under the False Claims Act, 31 U.S.C. §3731(b) (FCA). Cochise...more

Saul Ewing LLP

Supreme Court Rules On False Claims Act Limitations Period

Saul Ewing LLP on

Should relators rejoice? The Supreme Court may have put to rest the vast uncertainty surrounding the applicable statute of limitations in False Claim Act (“FCA”) suits where the government declines to intervene with its...more

Arnall Golden Gregory LLP

Supreme Court Settles Debate Over Limitations Period for FCA Relators

On May 13, 2019, the Supreme Court handed down its decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, wherein it recognized a prolonged statute of limitations for a qui tam relator bringing an action under...more

Foley & Lardner LLP

Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act

Foley & Lardner LLP on

Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., following the Supreme Court’s...more

King & Spalding

U.S. Supreme Court Holds that FCA Relators can Rely on “Government Knowledge” Statute of Limitations even if the Government does...

King & Spalding on

On May 13, 2019, in a unanimous decision, the United States Supreme Court held that even in cases where the government does not intervene in a False Claims Act (FCA) action, a relator is entitled to rely on the portion of the...more

Dorsey & Whitney LLP

Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators

Dorsey & Whitney LLP on

On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more

McDermott Will & Emery

Health Care Enforcement Quarterly Roundup – Q1 April 2019

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Introduction - In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in...more

Akerman LLP - Health Law Rx

US Supreme Court to Hear FCA Statute of Limitations Case

The Eleventh Circuit Court of Appeals, in its ruling in Cochise Consultancy Inc. v. U.S. ex rel. Hunt, created a 3-way circuit split regarding the determination of the applicable statute of limitations period in a False...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

Blank Rome LLP

Supreme Court Grants Cert to Resolve Circuit Split on FCA Statute of Limitations

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The U.S. Supreme Court has granted a writ of certiorari to address a Circuit Court split concerning whether False Claims Act (“FCA”) relators may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2)—a limitations...more

Saul Ewing LLP

Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

Saul Ewing LLP on

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by...more

Arnall Golden Gregory LLP

Eleventh Circuit Sets Up Circuit Split on False Claims Act Statute of Limitations Issues

When a qui tam relator files a lawsuit alleging violations of the federal False Claims Act (FCA), the statute imposes one of two potential deadlines. Specifically, the FCA’s statute of limitations provisions require that a...more

Holland & Knight LLP

Self-Disclosure and the FCA Statute of Limitations

Holland & Knight LLP on

Most practitioners are aware that the statute of limitations under the False Claims Act (FCA) is six years after the date on which the violation is committed. 31 U.S.C. § 3731(b)(1). That is, unless the FCA’s tolling...more

Pillsbury Winthrop Shaw Pittman LLP

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

Bradley Arant Boult Cummings LLP

The Most Important Government Contract Disputes Cases of 2016 - The Government Contractor

In 2016, the U.S. Court of Appeals for the Federal Circuit issued two important decisions that will have a significant impact on the law of Government contract disputes. Specifically, the Federal Circuit has changed the lens...more

Pillsbury Winthrop Shaw Pittman LLP

Warning Shot Fired (Finally) at Improper DCAA Cost Disallowance Basis

For a number of years, contractors have been required to expend substantial sums challenging baseless legal theories initiated by the Defense Contract Audit Agency (DCAA) and rubber-stamped by the Defense Contract Management...more

Holland & Knight LLP

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

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The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

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