Court Applies Totten Reasoning To Subcontractor Liability Under FCA
Client Alert | 1 min read | 03.23.05
Applying the reasoning of the D.C. Circuit in U.S. ex rel. Totten v. Bombardier Corp., 380 F.3d 488 (D.C. Cir. 2004), regarding lack of False Claims Act (FCA) liability for claims made by contractors of federal grantees when those claims are not presented to the Government for payment [see Crowell & Moring Bullet Points 9/16/2004 and 12/16/04), the Southern District of Ohio in U.S. ex rel. Sanders v. Allison Engine Co. (Mar. 11, 2005) dismissed a qui tam case for failure to present evidence that the defendant subcontractor's claims had been presented to the government for payment. In so doing, the court distinguished longstanding Supreme Court precedent imposing subcontractor liability when the prime passes the sub's false claim up to the government.
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Client Alert | 1 min read | 10.27.25
California Increases Antitrust Penalties
Earlier this month, California enacted Senate Bill 763 (“SB 763”). The legislation amends the state’s long-standing antitrust statute, the Cartwright Act, to increase both criminal and civil maximum penalties for corporations and individuals. California Attorney General Rob Bonta, whose office is responsible for enforcing the Cartwright Act and stands to benefit from any civil penalties recovered under the new law, sponsored the bill.
Client Alert | 3 min read | 10.27.25
Client Alert | 3 min read | 10.24.25
Client Alert | 3 min read | 10.24.25
