Federal Government Civil Litigation

EDNY & SDNY Civil Litigation with the US Government

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Latest from Federal Government Civil Litigation

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA). The Court held that plaintiffs had
Continue Reading Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

The Supreme Court today unanimously decided that a relator may take advantage of the longer ten-year statute of limitations under the False Claims Act in a case in which the United States has declined to intervene, as long as the
Continue Reading Supreme Court Unanimously Decides Relator May Use Ten-Year Limitation Period In Declined FCA Case

Earlier this week, the Department of Justice Civil Division announced guidelines for factors to consider and credit to be given in False Claims Act investigations and prosecutions. The guidelines broadly stressed three forms of conduct that may merit credit, including voluntary
Continue Reading DOJ Outlines Guidance For Cooperation Credit in False Claims Act Cases

The replacement of stairways at the Middletown Road Subway Station in the Bronx triggered accessibility requirements that may include installing elevators, according to a recent decision from SDNY District Judge Edgardo Ramos. In Bronx Independent Living Services v. Metropolitan Transportation Authority
Continue Reading MTA Required To Provide Disability Access In Subway Station Renovation Unless Technically Infeasible

The Second Circuit examined the False Claims Act’s “alternate remedy” provision for the first time yesterday, holding that a fugitive who had dismissed his qui tam action was not entitled to a share of a $25.6 million FCA settlement. In
Continue Reading Fugitive Relator’s Alternate Remedy Claim For Part Of $25.6 Million FCA Settlement Fails In Second Circuit

The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to require the City to cover the Hillview Reservoir in Yonkers,
Continue Reading Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years