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 | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
