As previously promised, we wanted to update our
readers on a February 2024 decision by the U.S. District Court for
the District of Minnesota to slash a $487 million judgment against
Precision Lens and the estate of its former principal, the late
Paul Ehlen, following a jury verdict of False Claims Act (FCA)
liability based on violations of the Anti-Kickback Statute. In
resolving post-judgment motions, the court revised the final
judgment down to $217 million, holding that the total FCA treble
damages and civil penalties assessed were unconstitutional under
the Eighth Amendment's Excessive Fines Clause.
At the time, we noted that "[w]hether either side will
appeal is uncertain, particularly given evidence suggesting that
'neither Precision Lens nor Paul Ehlen's estate will be
able to satisfy even the compensatory damages in this
matter.'" In April 2024, the U.S. Attorney's Office
filed a notice of appeal. However, on July 25, 2024, the Department of Justice
(DOJ)