It’s often the first sign that a business could be facing legal trouble. The worrisome news arrives with a visit by a U.S. Marshal or government investigator. It’s a Civil Investigative Demand – a request for the company to turn ...

Tagged with: civil investigative demand False Claims Act

The federal False Claims Act grants the government (or a private party suing on the government’s behalf) the right to seek damages vastly exceeding what is normally available in a fraud action. Enacted in 1863 to combat fraud by government ...

Tagged with: Advocate's View False Claims Act

Two Buffalo area business owners believe the state was defrauded in a shipping contract in which it was charged a jet fuel surcharge for packages that were shipped by truck. The shipping company, DHL Express (USA) Inc. claims the action ...

Tagged with: court of appeals False Claims Act

WASHINGTON — The U.S. Supreme Court says a Freedom of Information Act request cannot be used to trigger a False Claims Act lawsuit. The court on Monday voted 5-3 to agree with arguments by Schindler Elevator Corp. ...

Tagged with: False Claims Act lawsuit SCOTUS veterans

U.S. District Court, Western District of New York False Claims Act Medicaid — Subject Matter Jurisdiction United States ex rel. Veltz v. Allegany Rehabilitation Associates Inc. 01-CV-190 Judge Skretny Background: In this qui tam action, the government and the relator, ...

Tagged with: False Claims Act Medicaid subject matter jurisdiction U.S. District Court Western District of New York

The U.S. Supreme Court will decide whether a federal agency’s response to a Freedom of Information Act request is a “report ... or investigation” within the meaning of the False Claims Act public disclosure bar, Schindler Elevator Co. v. U.S. ex rel. Kirk.

Tagged with: department of labor False Claims Act FOIA Freedom of Information Act SCOTUS

U.S. Court of Appeals, Second Circuit False Claims Act Kirk v. Schindler Elevator Corp. 09-1678-cv Appealed from the Southern District of New York Background: The appeal is from a district court judgment dismissing the appellant’s complaint for failure to state ...

Tagged with: False Claims Act Second Circuit U.S. Court of Appeals

A False Claims Act suit over fraudulent government flood control contracts was barred because the plaintiff’s claims were based upon allegations publicly disclosed in state and county audit reports, the U.S. Supreme Court has ruled in a 7-2 decision.

Tagged with: False Claims Act SCOTUS