Split D.C. Circuit Limits False Claims Act Liability Under Federal Grants
Client Alert | 1 min read | 09.17.04
In U.S. ex rel. Totten v. Bombardier Corp. (Aug. 27, 2004), a divided D.C. Circuit upheld dismissal of a qui tam complaint alleging that a contractor for a federal grantee had submitted false claims to the grantee, reasoning that presentation of the claims to (and their payment by) the federal grantee did not, by itself, satisfy the FCA provision that actionable claims be "presented to an officer or employee of the … Government" (31 USC 3729(a)(1), emphasis added), or the alternate FCA provision imposing liability for a false record made in order to get a false claim "paid or approved by the Government" ((31 USC 3729(a)(2), emphasis added). The dissent argued vigorously that the consequence of the majority's opinion is a "dramatic cutback" in FCA coverage because it would preclude liability in the common situation where a grantee is not required to seek Government approval before paying a contractor's invoice.
Insights
Client Alert | 4 min read | 08.25.26
Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
A recent U.S. Court of Federal Claims (COFC) decision serves as an important reminder that when the Government Accountability Office (GAO) denies a protest, this is not necessarily the end of the road. Often, contractors retain the right to file a new protest at the COFC, which conducts its own de novo review of the procurement record. This so-called “second bite at the apple” protest is a powerful tool as the COFC’s recent decision in Chugach Logistics & Facility Services JV, LLC v. USA makes clear.
Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
