Government Sees $104 Million Verdict Vanish After Its Theory of Liability Is Rejected Post-Trial
Client Alert | 1 min read | 01.08.15
U.S. ex rel. Bunk v. Birkart Globalistics, an FCA case spanning twelve years and two jury trials, came to an apparent end when the district court set aside the jury's verdict and damages award of $104 million, ruling that the government's theory of liability failed as a matter of law. The government's upset "expectations" of competitive bidding was itself an insufficient ground for a finding of falsity, and the government failed to show that any of the cargo carriers bidding on the contracts "presented a claim for payment based on a prime rate that was, in fact, inflated because of Gosselin's alleged conduct" and failed to present sufficient evidence of damages.
Insights
Client Alert | 3 min read | 12.13.24
New FTC Telemarketing Sales Rule Amendments
The Federal Trade Commission (“FTC”) recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR.
Client Alert | 3 min read | 12.10.24
Fast Lane to the Future: FCC Greenlights Smarter, Safer Cars
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
Client Alert | 3 min read | 12.09.24
New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1