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1
Is Senator Grassley Trying To "Barr" Government Qui Tam Dismissals?
In a September 4, 2019 letter to Attorney General William Barr, Senator Chuck Grassley raised concerns relating to DOJ's implementation of the January 2018 Granston Memorandum.
United States
13 Sep 2019
2
Lit Alerts—September 2019
In Gemini Technologies, Inc. v. Smith & Wesson Corp., the Ninth Circuit held that a clause specifying Delaware as the forum for any disputes between the contracting parties was invalid
United States
10 Sep 2019
3
Tenth Circuit Broadly Interprets Scheme Liability
On August 13, 2019, in Malouf v. Securities and Exchange Commission, the Tenth Circuit became the first circuit court to apply the United States Supreme
United States
9 Sep 2019
4
Court Of Federal Claims Takes A Fresh Look At The CDA Statute Of Limitations
The authors of this article discuss a recent Court of Federal Claims decision addressing a critical U.S. Court of Appeals for the Federal Circuit decision interpreting the statute of limitations under the Contract Disputes Act ...
United States
4 Sep 2019
5
Relators Can Bring Federal FCA Claims . . . In State Court?
As if the False Claims Act did not already give companies that do business with the government enough to worry about
United States
29 Aug 2019
6
New York Justices Reach Inconsistent Results Post-Cyan On Automatic Discovery Stay
New York courts have taken varying positions in three recent decisions addressing whether defendants in Securities Act of 1933
United States
16 Aug 2019
7
What Is News?
The court first ruled that not everything on the internet qualifies as news media.
United States
9 Aug 2019
8
Is It Hot In Here, Or Is It Just 9(b)?
The district court agreed with the defendant across the board, and on Wednesday of last week, so did the Eleventh Circuit.
United States
9 Aug 2019
9
Lit Alerts—August 2019
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
United States
9 Aug 2019
10
And Now A Word From The Panel: 4 MDL Lessons At 40
Welcome to our 40th installment of "And Now a Word from the Panel," a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis at venues around the country.
United States
29 Jul 2019
11
2nd Circ. Trump Twitter Ruling Will Bolster Public Discourse
After assuming office, Trump blocked certain users on Twitter for criticizing him or his policies.
United States
29 Jul 2019
12
Fed. Circ. Limits Gov't Contractors' Litigation Cost Claims
Instead, the Federal Circuit doubled down on its prior decision.
United States
29 Jul 2019
13
EDVA Latest To Weigh In On Standard For Evaluating Granston Motions To Dismiss -Straddles The Line Between Swift And Sequoia
In granting the government's motion, the court noted the circuit split regarding the standard for evaluating "Granston" motions to dismiss.
United States
26 Jul 2019
14
2 Sensible Resolutions To CDA Jurisdictional Challenges
Over the last two weeks, the U.S. Court of Appeals for the Federal Circuit issued two decisions that resolved Contract Disputes Act, or CDA, jurisdictional challenges in contractors' favor, rejecting government attempts ...
United States
26 Jul 2019
15
The Supreme Court Reshapes FOIA Exemption 4
Companies submit to the Government all manner of business records that contain trade secrets or confidential commercial or financial information.
United States
26 Jul 2019
16
Federal Circuit Decides Two CDA Jurisdiction Cases In Contractors' Favor And Provides Guidance On Maropakis
Over the last two weeks, the Federal Circuit issued two decisions that resolved CDA jurisdictional challenges in contractors' favor, rejecting government attempts to use procedural technicalities to avoid the merits of a dispute.
United States
26 Jul 2019
17
Federal Circuit Affirms Tecom Test Governing The Allowability Of Government Contractor Litigation Costs
The Federal Circuit's landmark Tecom decision flipped decades of caselaw on its head and established the general rule governing the ability of contractors to recover costs of settling certain third-party litigation under government contracts.
United States
22 Jul 2019
18
In Recent "Original Source" Decision, Relator's Pre-2010 "Secondhand" Claims Back-Handed By Third Circuit
A recent Third Circuit decision reaffirmed the high bar a relator must meet to qualify as an "original source" under the pre-2010 version of the False Claims Act's (FCA) public disclosure bar.
United States
12 Jul 2019
19
United States
12 Jul 2019
20
Gamble v. United States: Supreme Court Upholds Double Jeopardy Clause's "Separate Sovereigns" Doctrine
In 2008, Terance Gamble was convicted under Alabama law of second-degree robbery, a felony.
United States
12 Jul 2019
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