Seventh Circuit Applies Offsets to FCA Damages Before Trebling
Client Alert | 1 min read | 03.22.13
In U.S. v. Anchor Mortgage Corp. (7th Cir. Mar. 21, 2013), Chief Judge Easterbrook held that, in calculating the damages to be trebled under the FCA, courts must use a "contract measure of loss" approach that would take into account any offsets for value or payments received by the government prior to trebling. The court read the Supreme Court's decision in U.S. v. Bornstein to require third-party payments to be subtracted after multiplying the damages only when such payments are not part of a "contract measure of loss" calculation, a limitation that could significantly reduce FCA damages in many contexts.
Insights
Client Alert | 5 min read | 04.01.26
OPO Hospital Waiver Litigation: Trends and Takeaways
Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
Client Alert | 7 min read | 04.01.26
Client Alert | 5 min read | 03.31.26
Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
Client Alert | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
