Cert Denied in Closely Watched FCA Penalties Case
Client Alert | less than 1 min read | 10.15.14
On Monday, the Supreme Court denied certiorari in Gosselin World Wide Moving v. U.S. ex rel. Bunk, in which the petitioners questioned to what extent the Eighth Amendment's Excessive Fines Clause serves as a check on per-invoice penalties under the False Claims Act. That denial will preserve the Fourth Circuit's holding that a $24 million fine was sufficiently proportional to the gravity of the offense, despite the relator's failure at trial to seek—let alone prove—any economic harm to the government.
Insights
Client Alert | 1 min read | 08.10.26
In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer.
Client Alert | 4 min read | 08.10.26
Client Alert | 4 min read | 08.07.26
Missouri AG Sues Kansas City Over Race- and Sex-Based Contracting Program
Client Alert | 2 min read | 08.06.26
