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ARTICLE · 17 MAY 2011

Supreme Court Decision Alert - May 16, 2011

Mayer Brown
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The False Claims Act ("FCA"), 31 U.S.C. §§ 3729 "et seq.", imposes civil penalties and treble damages on persons and businesses that submit false or fraudulent claims for payment or approval to the federal government.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published May 16, 2011

Keywords: False Claims Act, public disclosure, fraudulent claims, ERISA, employee benefit plans

Today the Supreme Court issued two decisions, described below, of interest to the business community.

  • False Claims Act—"Public Disclosure" Bar
  • ERISA—Court's Authority to Modify Plan's Terms

False Claims Act—"Public Disclosure" Bar

Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 (previously discussed in the September 28, 2010 Docket Report).

The False Claims Act ("FCA"), 31 U.S.C. §§ 3729 et seq., imposes civil penalties and treble damages on persons and businesses that submit false or fraudulent claims for payment or approval to the federal government. To assist the government in monitoring fraudulent claims, the FCA allows private plaintiffs, or "relators," to file "qui tam" actions in the name of the United States against those who submit fraudulent claims. Relators have substantial financial

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