In May, we wrote about how U.S. Supreme Court Justice Antonin Scalia’s death might impact a key whistleblower case brought under the False Claims Act. It turns out that Justice Scalia’s presence might not have made much of a difference: The eight remaining Justices came through with a significant—and unanimous—victory for whistleblower plaintiffs, and delivered a strong rebuke to government contractors that would defraud taxpayers through misleading omissions and then evade responsibility by … [Read more...]
New York False Claims Act: A Major Victory Under Its Tax Fraud Provision
The New York Court of Appeals handed the state’s Attorney General a big victory in 2015 in a case involving tax fraud under the New York False Claims Act. New York’s highest court ruled that the Attorney General may proceed with a lawsuit against Sprint for knowingly defying a state tax law that requires telecom companies to collect sales tax on the entirety of flat-rate contracts with its mobile customers. The lawsuit alleges that Sprint initially complied with the law, which was enacted in … [Read more...]
California Minimum Wage by City: Local Rates Boost Pay for Hourly Workers
More than 77 million workers in the United States aged 16 or older were paid hourly wages in 2014, according to the U.S. Bureau of Labor Statistics. Those 77 million-plus workers make up more than 58 percent of the American work force. In California, more than 9 million workers were paid hourly wages in 2014, representing more than 60 percent of all workers in the state. As of January 1, 2016, California’s minimum wage is $10.00 per hour. The federal minimum wage is, by contrast, is only … [Read more...]
Statistical Sampling in Class Actions: Supreme Court Approves Its Use to Prove Claims
The U.S. Supreme Court ruled in late March that plaintiffs may use statistical estimates to establish the commonality of their injury, a prerequisite to a court granting the plaintiffs the right to proceed as a class action. The 6-2 ruling is an important victory for all plaintiffs who rely on statistical samples to prove liability and damages. Justice Anthony Kennedy wrote the opinion for the Court, joined by Justices Ginsburg, Breyer, Kagan, Sotomayor and Chief Justice Roberts. What Happened … [Read more...]
The False Claims Act and the Supreme Court: What Justice Scalia’s Death Means
With Justice Antonin Scalia’s death on February 13, 2016, the U.S. Supreme Court will continue to hear and decide cases with only eight justices. Senate Majority Leader Mitch McConnell, a Republican, has said that the Senate will neither hold hearings nor vote on a replacement for Justice Scalia until after President Obama leaves office on January 20, 2017. Republicans on the Senate Judiciary Committee have echoed McConnell’s position. How the Supreme Court Functions With Eight Justices The … [Read more...]
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