Sixth Circuit Rejects DOJ's "Fairyland" Damages Calculation and Awards Actual Damages Based on Benefit of the Bargain
Client Alert | 1 min read | 02.12.16
In U.S. ex rel. Wall v. Circle C Constr., LLC, (Feb. 4, 2016), the Sixth Circuit rejected the government's "creative" accounting in an FCA case based on violations of the Davis-Bacon Act, vacating a treble damages award of $763,000 where the defendant's subcontractor underpaid its employees for electrical work at numerous Army warehouses by a total of $9,900, and remanding with instructions to award only $14,748 (after applying a settlement payment by the subcontractor). "Actual damages by definition are damages grounded in reality," the court reasoned in rejecting the notion that all of the subcontractor's electrical work was "tainted" or rendered worthless by the underpayments, particularly where the harm was easily calculated and there was no dispute as to the work performed given that "the government turns on the lights every day."
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Client Alert | 1 min read | 01.03.25
Back to the Future: CBCA to Implement New Electronic Docketing System
On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS). Once implemented, the Board will require use of the new EDS for most submissions.
Client Alert | 5 min read | 01.03.25
Powering Through the Rules: A Guide to E-Bike and E-Scooter Regulation in New York
Client Alert | 3 min read | 12.24.24
Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book
Client Alert | 4 min read | 12.23.24