On October 27, 2009, the Vorys False Claims Act ("FCA") trial team of Glenn V. Whitaker, Victor A. Walton, Jr., Michael J. Bronson, and Jeffrey A. Miller obtained a ruling that amendments designed to expand FCA liability retroactively are unconstitutional. These FCA amendments, enacted as part of the Fraud Enforcement and Recovery Act ("FERA"), sought to legislatively overrule Vorys’ unanimous victory before the U.S. Supreme Court in Allison Engine Co. v. United States ex rel. Sanders, No. 07-214, 128 S.Ct. 2123 (2008), a decision that narrowed the scope of FCA liability significantly.
Click on the link below to download the Client Alert which discusses this ruling.