Articles and Blogs

FCA

False Claims Act Update, December 2011

[01/03/12]

Posted on January 3, 2012 in False Claims Act Defense

Written by: David B. Honig

What must a successful FCA defendant show to collect attorney’s fees under the Equal Access to Justic Act? Can an error by the government create an FCA violation by a defendant relying upon the government’s acts? Does Vermont Agency of Natural Resources v. US ex rel. Stevens apply to FCA retaliation cases? Can a... READ MORE

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False Claims Act Update, November 2011

[12/05/11]

Posted on December 5, 2011 in False Claims Act Defense

Written by: David B. Honig

Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s... READ MORE

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False Claims Act Update, October 2011

[11/01/11]

Posted on November 1, 2011 in False Claims Act Defense

Written by: David B. Honig

A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if the defendant is their... READ MORE

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