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ARTICLE · 23 JANUARY 2024

The Complexities Of Assessing Damages In FCA Cases

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Calculating and predicting damages in a False Claims Act ("FCA") case can be a daunting task for the most seasoned FCA practitioners.

United StatesLitigation, Mediation & Arbitration
Michael Shaheen
Michael Shaheen
Spencer Bruck
Spencer Bruck

Calculating and predicting damages in a False Claims Act ("FCA") case can be a daunting task for the most seasoned FCA practitioners. In fact, even judges presiding over years of litigation and weeks of trial can get it wrong by tens of millions of dollars.

Last week, the United States District Court for the District of Columbia issued an Order and corresponding Memorandum Opinion granting in part and denying in part a motion from the United States to amend and supplement the court's findings of facts and conclusions of law following a bench trial that concluded in March 2022. United States ex rel. Morsell v. Gen Digital (f/k/a Symantec Corporation), Case No. 1:12-cv-00800 (Jan. 16, 2024) (Dkt. Nos. 374-75).

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