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 | 4 min read | 08.25.26
DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision
Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert.
Client Alert | 4 min read | 08.25.26
Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
