Seventh Circuit Applies Offsets to FCA Damages Before Trebling
Client Alert | 1 min read | 03.22.13
In U.S. v. Anchor Mortgage Corp. (7th Cir. Mar. 21, 2013), Chief Judge Easterbrook held that, in calculating the damages to be trebled under the FCA, courts must use a "contract measure of loss" approach that would take into account any offsets for value or payments received by the government prior to trebling. The court read the Supreme Court's decision in U.S. v. Bornstein to require third-party payments to be subtracted after multiplying the damages only when such payments are not part of a "contract measure of loss" calculation, a limitation that could significantly reduce FCA damages in many contexts.
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Executive Branch Focus on Federally Funded Inventions
In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
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Supreme Court Oral Argument on Presidential Tariff Authority
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