Category: Civil Litigation

ESI Discovery In Texas

Texas Supreme Court Case Clarifies ESI Discovery Written discovery has always been a significant expense to litigants primarily due to attorney time devoted to the review of voluminous documents. The prevalence of technology in our lives has had a correlative effect on the amount of discovery and therefore on the costs of litigation. Where once [..]

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Tribal Arm Immunity in False Claims Act Cases

Clarification In the Application of Sovereign Immunity to a Tribal Arm in False Claims Act Suits In a recent post, I discussed sovereign immunity in False Claims Act (FCA) cases. A component of that article focused on the application of immunity to tribal governments and in particular the extension of that immunity to its business [..]

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Bid Protests At The Court of Federal Claims (COFC)

A Procedural Guide To Protests At The COFC An offeror in a public procurement may take issue with the procurement or with the outcome through a mechanism known as a bid protest. Companies bidding on federal opportunities may challenge a contract solicitation or award by filing pre-award and post-award protests. Three fora exercise jurisdiction over [..]

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The Christian Doctrine

The Christian Doctrine: Reading Clauses Into the Contract A principle of government contract law known as the Christian doctrine states that certain clauses are of such importance in public procurements so as to be considered incorporated by operation of law. The government has a responsibility to notice vendors of contract requirements, whether expressly or through incorporation [..]

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Sovereign Immunity In FCA Cases

Sovereign Immunity Defenses In FCA Cases Often in False Claims Act (FCA) cases the defendant is a corporate entity being sued for some kind of healthcare or procurement fraud. Either the government of the United States and/or an individual plaintiff, known as a relator, will prosecute the claim. However, what happens when the defendant is a [..]

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Attorney Fees in Bid Protests

Recovering Attorney Fees From The Government In the U.S. legal system, generally each party pays their own costs and attorney fees. Known as the American Rule, absent certain circumstances like a breach of contract or claim under a statute that specifically allows for fees, even the prevailing party bears its own costs of litigation. Bid protests at [..]

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Tax Fraud Under State FCA Statutes

Fraudulent Tax Practices And State FCA Statutes The False Claims Act (FCA) allows private citizens to sue individuals and entities on behalf of the government for fraud. When hearing about and referring to FCA cases, most articles and cases are based on the federal False Claims Act. However, many states have their own version of this [..]

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Task Order Disputes In FSS Contracts

Who Resolves Disputes Over A Task Order Issued Pursuant To GSA Schedules A recent decision from the Board of Contract Appeals highlights the conflict for contractors of who has jurisdiction to determine disputes over a task order issued under a GSA Schedule contract. Consultis of San Antonio, Inc. v. Department of Veterans Affairs The VA issued a [..]

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Intervening in False Claims Act Cases

The Effect Of The Government’s Decision To Intervene in False Claims Act Cases The False Claims Act (FCA) allows the government to recover from those who knowingly present fraudulent claims to the United States for payment or who make a record or statement that is material to a fraudulent claim. Known as qui tam cases, FCA suits [..]

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