Category Archives: Statutory Analysis

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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False Claims Act Issues Abound in Nevada Case, Including a Tax Bar Issue

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In US ex rel. Calilung v. Ormat Industries. (D. Nev. 2015), the court addressed a variety of interesting legal issues under the False Claims Act, including one that is not often litigated–the Tax Bar. In Calilung, the relators alleged that the defendants, which operate geothermal energy plants, submitted false information in order to obtain “$136,800,000 in [...]

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District of New Mexico: Let’s Get Retro: FERA’s Retroactive Provision Applies to Cases, Not Claims, And Doesn’t Violate the Constitution

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It is always refreshing to see a district court judge admit to making a mistake and take prompt action to correct it. In United States ex rel. Baker v. Community Health Systems, a case we’ve covered before, the District of New Mexico reversed course on a hot legal topic in FCA litigation–the proper interpretation of [...]

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District of Colorado: Costs and Fees Are Different: The Standard for the Determining the “Prevailing Party” for a Voluntary Dismissal of a False Claims Act Complaint Depends on the Provision

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In United States ex rel. Todd v. Fidelity National Financial, Inc. (D. Colo. March 12, 2014), the district court noted that the standards for determining “prevailing party” when a relator voluntarily dismisses a False Claims Act complaint change depending on whether costs or attorneys’ fees are at issue. When determining prevailing-party status for purposes of [...]

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