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
Federal Government Civil Litigation
EDNY & SDNY Civil Litigation with the US Government
The Federal Government Civil Litigation blog, published by Farrell Fritz, P.C., focuses on legal issues involving civil litigation against or involving the federal government. It covers topics such as False Claims Act (FCA) cases, government motions to dismiss FCA suits, interlocutory appeals in federal litigation, and settlements related to government enforcement actions. The blog discusses court decisions on government authority in FCA dismissals, standards applied by courts, and implications for healthcare fraud, government contracts, and regulatory compliance. It also addresses procedural aspects of federal civil litigation and highlights significant cases and settlements involving federal government claims.
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Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years
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,…
Second Circuit Judges Spar Over RFRA Private Right of Action
Second Circuit Judges recently traded strong language in opinions accompanying the denial of a petition for en banc review in Tanvir v. Tanzin.
In Tanvir, Plaintiffs alleged that, in retaliation for their refusal to serve as informants, federal officials…
NYC Admits FEMA Fraud From Superstorm Sandy In $5.3 Million False Claims Act Settlement
New York City will pay $5.3 million to the United States for fraudulently obtaining FEMA funds related to Superstorm Sandy in a False Claims Act settlement with the Southern District of New York. The City admitted improperly seeking reimbursement from…
EDNY False Claims Act Overfill Decision Highlights Importance of Timely Naming All Defendants
EDNY Judge Nina Gershon analyzed several False Claims Act issues in United States ex rel. Omni Healthcare Inc. v. McKesson Corp., ruling on first-to-file, Rule 9(b), and statute of limitations issues.
Relator Omni Healthcare alleged that defendants improperly used “overfill”…