District Court Examines ‘Strong Public Policy’ Against Counterclaims in False Claims Act Cases

The False Claims Act was originally designed to protect the government and, ultimately, U.S. taxpayers from the abuses perpetrated by unprincipled and fraudulent government contractors. The statute provides a unique remedy for the individual, known as the relator, willing to come forward with the details of fraud and provides up […]

Ex-Cyclist Lance Armstrong Dealt Another Blow in U.S. Postal Services’ Whistleblower Lawsuit

In yet another defeat for former cycling hero Lance Armstrong, the U.S. Postal Service was given the green light to continue its False Claims Act case by U.S. District Judge Robert L. Wilkins, of the U.S. Court of Appeals for the District of Columbia Circuit. The whistleblower lawsuit, which seeks to […]

Solicitor General Urges Courts to Put Military-Related False Claims Act Cases on Hold Under Wartime Suspension of Limitations Act

The False Claims Act got its start addressing fraud and misconduct pursuant to contracts with the U.S. military during the Civil War. The Act works to deter and punish government contractors who take advantage of the Department of Defense under contracts for the provision of materials, logistics, support, and many […]

What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake

Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]

Bon Secours Embroiled in Latest Rule 9(b) Discrepancy Within Federal Fourth Circuit

As we have reported in the past, the federal Courts of Appeal are engaged in a near-even split over the applicability of Federal Rule of Civil Procedure 9(b) to filings under the False Claims Act. Fed. R. Civ. P. Rule 9(b) reads as follows: In alleging fraud or mistake, a […]