Lawrence M. Prosen and Josephine M. Bahn | Cozen O’Connor On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex rel. Schutte et al. v. SuperValu Inc. et al., Case No. 21-1326, and United States ex rel. Proctor v. Safeway, Case No. 22-111. The Court’s opinion has substantial implications… Continue reading Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie
Tag: False Claims Act
Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?
Frederick E. Hedberg and William A. Stoll | High Profile After a public hearing held on March 6, House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims was voted out of committee by a wide margin, and then added to the House Calendar on March 28. This bill expands the scope… Continue reading Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?
Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation
William Besl, Jr. | Wiley Rein The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL 4088596 (Del. Super. Ct. Aug. 24, 2022). The court also held… Continue reading Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation
Surety Liability Under the False Claims Act
Edward V. Arnold | Seyfarth The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn furnish the required bonds to the federal government. The bonds guarantee that the contractor will comply with the… Continue reading Surety Liability Under the False Claims Act
Federal Court Opinion Has Huge Impact on the Construction Industry
Wally Zimolong | False Claims Act The United States District Court for the Eastern District of Pennsylvania in Philadelphia recently issued an opinion that should get the attention of any contractor or subcontractor performing work on a federal funded construction project. In U.S. ex rel IBEW Local 98 v. The Fairfield Company, the federal court held that… Continue reading Federal Court Opinion Has Huge Impact on the Construction Industry