Government In Jurisdictional Pickle Over Reverse-False-Claims Action For Unpaid Customs Duties
Client Alert | 1 min read | 06.20.06
The U.S Court of International Trade (CIT), in U.S. v. Universal Fruits & Vegetables Corp. (May 25, 2006), has dismissed for lack of jurisdiction the government's False Claims Act (FCA) lawsuit alleging that defendants who falsified country-of-origin information to avoid customs duties incurred treble damages and civil penalties by knowingly making false statements to decrease an obligation to pay money to the U.S. Because the case was at the CIT only because the Ninth Circuit had previously ruled that the forum originally chosen by the government, i.e., the federal district court for the Central District of California, lacked jurisdiction over this customs-related matter, the government now appears to be left without a forum, unless it appeals the CIT's decision to the Federal Circuit, in which case a conflict of circuits could result, with the Supreme Court eventually being asked to determine the jurisdictional fate of the government's potentially lucrative "reverse-false-claims" theory.
Insights
Client Alert | 3 min read | 02.13.26
In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule.
Client Alert | 12 min read | 02.13.26
What Organ Procurement Organizations Need to Know About CMS's New Proposed Rule
Client Alert | 9 min read | 02.12.26
Client Alert | 3 min read | 02.12.26
