The FCA Insider

The FCA Insider

Insights and updates on False Claims Act Litigation

Category Archives: Defense Arguments

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Defense Arguments, FCA Litigation

Defendants Obtain Summary Judgment In an FCA Action Because the Plaintiffs Failed to Identify Evidence of Specific False Claims

It is often stated that the sine qua non (the indispensable and essential action) of a violation of the False Claims Act (FCA) is the submission of a false or fraudulent claim. This principle has been recognized and cited in federal courts throughout the country. A recent case that was decided in the United States… Continue Reading
Defense Arguments, FCA Litigation

Supreme Court Clarifies the First to File Bar

The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA.  In essence, the first to file bar prevents a member of the public from commencing an action based upon facts that have already been placed at issue in another piece of FCA litigation.   Specifically, “[w]hen a person brings an action… Continue Reading
Defense Arguments, FCA Litigation

KBR v. Carter–Supreme Court Holds that the First-to-File Bar Only Applies to Pending Cases

On Wednesday the Supreme Court, in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497 (2015), held that the Wartime Suspension of Limitations Act (“WSLA”) only tolls the statute of limitations for criminal offenses, not civil claims under the False Claims Act (“FCA”).  The Court also held that the FCA’s… Continue Reading
Defense Arguments

Can A Law Firm Qualify as an Original Source?

Although a Federal district court refrained from providing a definitive answer to this question, it appears unlikely given the court’s holding and reasoning in United States v. U.S. Bank, N.A., No. 3:13-cv-704, 2015 WL 2238660 (N.D. Ohio May 12, 2015).  Advocates for Basic Legal Equality, Inc. (“ABLE”), a non-profit law firm focused on assisting low… Continue Reading

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