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Enough Is Enough! Supreme Court Puts an End to 18-Year FCA Litigation

Client Alert | 1 min read | 01.17.17

More than 18 years since the original qui tam complaint was filed, one of the longest-running FCA cases in history, U.S. ex rel. Purcell v. MWI Corp., came to an end in favor of defendant MWI, represented by C&M, when the Supreme Court on January 9, 2017, denied the relator’s petition for certiorari. The Supreme Court’s order caps MWI’s success on appeal, with the D.C. Circuit overturning a jury verdict against MWI on the grounds that the FCA’s scienter/knowledge element cannot be established when a defendant reasonably interprets an ambiguous regulation.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....