Court Applies Totten Reasoning To Subcontractor Liability Under FCA
Client Alert | 1 min read | 03.23.05
Applying the reasoning of the D.C. Circuit in U.S. ex rel. Totten v. Bombardier Corp., 380 F.3d 488 (D.C. Cir. 2004), regarding lack of False Claims Act (FCA) liability for claims made by contractors of federal grantees when those claims are not presented to the Government for payment [see Crowell & Moring Bullet Points 9/16/2004 and 12/16/04), the Southern District of Ohio in U.S. ex rel. Sanders v. Allison Engine Co. (Mar. 11, 2005) dismissed a qui tam case for failure to present evidence that the defendant subcontractor's claims had been presented to the government for payment. In so doing, the court distinguished longstanding Supreme Court precedent imposing subcontractor liability when the prime passes the sub's false claim up to the government.
Insights
Client Alert | 2 min read | 09.18.25
On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”
Client Alert | 3 min read | 09.17.25
Client Alert | 4 min read | 09.17.25
Client Alert | 5 min read | 09.16.25
Bucking the Odds: Why Technology Companies Should Embrace Software Patents Today
