Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss
Posted 01/8/15
By the C|C Whistleblower Lawyer Team
Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information. It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...
By the C|C Whistleblower Lawyer Team
The whistleblower retaliation provisions of the False Claims Act offer broad relief to "employees" who are terminated, suspended, harassed or otherwise discriminated against by their employers for engaging in protected whistleblowing activity. Congress amended the statute in 2009 to expand these provisions beyond employees to also reach "contractors" and "agents" of a...
By the C|C Whistleblower Lawyer Team
Under the qui tam provisions of the False Claims Act, a whistleblower who files an action that ultimately leads to a government recovery is entitled to a generous portion of the proceeds -- anywhere from 15 to 30 percent. There is no discretion in making an award. It is mandated by statute. It is this unadulterated promise of a significant financial bounty that has been a...
By the C|C Whistleblower Lawyer Team
The Supreme Court ruled on Tuesday, in a unanimous decision authored by Justice Sonia Sotomayor, that the Class Action Fairness Act (CAFA) does not apply to so-called parens patriae actions. These are lawsuits filed by state attorneys general to recover damages on behalf of their residents for corporate misconduct. The decision, 
By Jason Enzler
Earlier this week a panel of the Seventh Circuit Court of Appeals, led by legal luminary Judge Richard Posner, took the relatively rare step of reversing a district court’s denial of a motion for class certification. The