Supreme Court Delivers Another Qui Tam Setback to Government Contractors

Commentary, US Supreme Court /

On May 13, the Supreme Court issued yet another opinion that facilitates, if not encourages, the filing of False Claims Act qui tam suits against federal government contractors, health care providers, and other recipients of federal payments or funds. In a unanimous opinion authored by Justice Clarence Thomas, the Court held in Cochise Consultancy, Inc., […]

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It’s Time for the Supreme Court To Stop Fueling False Claims Whistle-Blower Suits

All Publications, Published Articles, US Supreme Court /

The federal False Claims Act continues to lure prospective “qui tam relators” (i.e., whistle blowers ), and their attorneys, with a gleaming pot of gold. To reach the end of the rainbow, a qui tam relator must file, on behalf of the United States, a suit alleging that a government contractor, Medicare/Medicaid provider, or other

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Law360 Op-Ed on “the Supreme Court Bar” Attracts Wide Readership

All Publications, Commentary, Published Articles, US Supreme Court /

Thank you Law 360 subscribers for making my op-ed, A Broader View of the US Supreme Court Bar, that publication’s second-most-read expert analysis during the week of April 22. Law 360 subscribers can access the op-ed here, and anyone can download a copy by clicking above. Earlier in April, I had posted the op-ed on

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Government Contractor, Back in the Fourth Circuit, Continues to Seek Immunity in Suit By Former Abu Ghraib Detainees

Federal Courts of Appeals /

The long-running legal battle between CACI International and Iraqi nationals who seek to hold that government contractor liable for abuses they suffered at the hands of certain U.S. military personnel at Abu Ghraib prison during Operation Iraqi Freedom is now back for another visit to the U.S. Court of Appeals for the Fourth Circuit. An

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DRI-The Voice of the Defense Bar in the U.S. Supreme Court

DRI, US Supreme Court /

Under the leadership and with the guidance of Executive Director John Kouris, DRI continues to be the voice of the civil defense bar in the Supreme Court of the United States. Congratulations to Matt Nelson and Zach Chaffee-McClure on becoming Chair and Vice of DRI’s Amicus Committee, which reviews the steady stream of requests that

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Redefining “the Supreme Court Bar”

All Publications, Amicus Strategy & Procedure, Commentary, US Supreme Court /

Groucho Marx famously said “I don’t want to belong to any club that would accept me as a member.” Unlike Groucho’s club, the Supreme Court Bar is a “club” in which a multitude of talented appellate lawyers throughout the United States—not just an elite handful of marquee players—can be, should be, and in fact are,

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Justice Kavanaugh’s Debut Supreme Court Opinion

All Publications, Published Articles, US Supreme Court /

Reprinted from The Voice (April 3, 2019), published by DRI-The Voice of the Defense Bar Justice Brett Kavanaugh’s first Supreme Court opinion is a model of stylistic clarity and judicial restraint. Writing for a unanimous Court, his January 8, 2019 opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, holds that where

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Supreme Court Holds that 14-Day Limit for Appealing Class-Certification Orders is Inflexible

Commentary, US Supreme Court /

The Supreme Court’s February 26, 2019 opinion in Nutraceutical Corp. v. Lambert, No. 17-1094, unanimously holds that Federal Rule of Civil Procedure 23(f) is not subject to equitable tolling. In other words, no matter what the circumstances, federal appellate courts cannot consider interlocutory appeals of district court class-action certification decisions if a review petition is filed

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Raising My Workouts To the Next Level At the University Club

News /

What a thrill it was recently to be one of the first members of the University Club of Washington, D.C. to use the newly remodeled Fitness Center! The old one was great, but the total renovation—literally from floor to ceiling, and all of the high-tech aerobic and weight-lifting equipment in-between—truly elevates the Fitness Center and

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Sweet Victory for Free Speech

Commentary, Federal Courts of Appeals /

San Francisco’s “Sugar-Sweetened Beverage Warning Ordinance” was too much to swallow even for the Ninth Circuit. On January 31 the court issued an en banc ruling requiring that the ordinance be preliminarily enjoined on the ground that its mandatory warning about the alleged health effects of sugary soft drinks chills commercial free speech, and thus,

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