Category Archives: Pertinent Case Law

4th Circuit: Violation of False Claims Act’s Seal Provision Does Not Require Dismissal

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In an issue of first impression for the Fourth Circuit Court of Appeals, the court was confronted with the question of the appropriate remedy for a relator’s violations of the automatic seal provision of the False Claims Act. In Smith v. Clark/Smoot/Russell, 796 F.3d 424, 429 (4th Cir. 2015), the relator’s counsel, after filing the FCA complaint [...]

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The Intersection of the Eleventh Amendment and the False Claims Act–A Recurring and Difficult Issue

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One of the most common recurring issues in False Claims Act (FCA) cases is whether the Eleventh Amendment immunizes the defendant from suit. Given the amount of federal funds that flow to other levels of government–states, state agencies, counties, cities, and other quasi-governmental bodies, these entities are frequently the target of FCA cases. Since FCA [...]

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Contradictory Government Requirements Do Not Create False Claims Act Liability

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In U.S. ex rel. Blyn v. Triumph Group, Inc., the District of Utah dismissed the relators’ False Claims Act complaint relating to the provision of allegedly nonconforming gears for use in aircraft owned by the government. The relators’ basic theory was puzzling: that because the contract’s technical specifications contradicted themselves, making it impossible for any [...]

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