Sixth Circuit Rejects DOJ's "Fairyland" Damages Calculation and Awards Actual Damages Based on Benefit of the Bargain
Client Alert | 1 min read | 02.12.16
In U.S. ex rel. Wall v. Circle C Constr., LLC, (Feb. 4, 2016), the Sixth Circuit rejected the government's "creative" accounting in an FCA case based on violations of the Davis-Bacon Act, vacating a treble damages award of $763,000 where the defendant's subcontractor underpaid its employees for electrical work at numerous Army warehouses by a total of $9,900, and remanding with instructions to award only $14,748 (after applying a settlement payment by the subcontractor). "Actual damages by definition are damages grounded in reality," the court reasoned in rejecting the notion that all of the subcontractor's electrical work was "tainted" or rendered worthless by the underpayments, particularly where the harm was easily calculated and there was no dispute as to the work performed given that "the government turns on the lights every day."
Contacts
Insights
Client Alert | 3 min read | 02.13.26
In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule.
Client Alert | 12 min read | 02.13.26
What Organ Procurement Organizations Need to Know About CMS's New Proposed Rule
Client Alert | 9 min read | 02.12.26
Client Alert | 3 min read | 02.12.26
