FCA Alert

FCA Alert

Tag Archives: Supreme Court

Amgen Seeks Supreme Court Review of Implied Certification Theory of Liability Under the False Claims Act

Posted in Decisions Interpreting FCA Elements
The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false.”  Some courts have adopted a framework in which a claim that is true on its face can be considered “legally false” where a party somehow involved in… Continue Reading

U.S. Supreme Court Holds FCA’s Public Disclosure Bar Prohibits Relators From Basing FCA Lawsuits On Information Obtained In Response To FOIA Requests

Posted in Articles
On May 16, 2011, in a 5-3 split, the United States Supreme Court issued an opinion in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 concerning the public disclosure bar of the False Claims Act. The Supreme Court agreed with FCA defendant Schindler Elevator and held that a federal agency’s response to a… Continue Reading

Supreme Court To Decide Whether FOIA Response Is A Public Disclosure Under The FCA (Part I of II)

Posted in Articles, Relator Issues
On March 1, 2011, the United States Supreme Court heard oral argument in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888. The Schindler case is the third time since 2007 that the Supreme Court has addressed the scope of the False Claims Act’s public disclosure bar. See Graham County Soil & Water… Continue Reading