Widening a Split, Sixth Circuit Says FCA Amendments Apply to Pending Cases, Not Claims
Client Alert | less than 1 min read | 11.06.12
When Congress amended the False Claims Act in 2009, it provided that the change broadening the liability provision for false statements should apply retroactively to all "claims" under the FCA that were pending on or after June 7, 2008. In U.S. ex rel. Sanders v. Allison Engine Co. (6th Cir. Nov. 2, 2012), the Sixth Circuit declined to follow the Ninth and Eleventh Circuits' holdings that this amendment applies only to requests or demands for money or property that were pending as of June 7, 2008, and, instead, followed the Second and Seventh in finding that this amendment applies to any "civil action or case" that was pending then.
Insights
Client Alert | 3 min read | 10.24.25
On October 23rd, the U.S. Department of Energy (“DOE”) sent a letter to the Federal Energy Regulatory Commission (“FERC”) containing an Advance Notice of Proposed Rulemaking (“ANOPR”) with principles for all large load interconnections across the US, including those co-located with generating facilities.[1] Significantly, the Secretary of Energy states that the interconnection of large loads to the transmission system “falls squarely” within FERC’s jurisdiction, thus weighing in on a dispute that has been pending before FERC for over a year. This move appears to be a reaction to the continued pendency before FERC of the colocation dockets[2] and a technical conference on colocation held almost a year ago.[3]
Client Alert | 3 min read | 10.24.25
Client Alert | 3 min read | 10.23.25
Are You Ready for the Economic Crime and Corporate Transparency Act? Key Changes for Businesses
Client Alert | 8 min read | 10.23.25
Ransomware on the Rise: The Expanding Role of Legal Counsel in Incident Response
