May 31, 2016

Sixth Circuit Strikes a Blow to the Government’s False Claims Act Damages Theory

By Jesse Witten and Andrew Reeve

Washington, D.C. partner Jesse A. Witten and Philadelphia associate Andrew P. Reeve wrote “Sixth Circuit Strikes a Blow to the Government’s False Claims Act Damages Theory” for Pratt’s Government Contract Law Report.

The article examines the Sixth Circuit’s recent decision in United States ex rel. Wall v. Circle C. Construction in which the court rejected the government’s theory of measuring damages in False Claims Act cases. The government argued that when it comes to false certification cases, damages should be construed as the entire amount paid for goods and services, but the court denounced that position as a “fairyland” argument, holding that damages under the False Claims Act are “actual damages.”

Read “Sixth Circuit Strikes a Blow to the Government’s False Claims Act Damages Theory.”

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