False Claims Act Practice in Virginia

Pick your own title: “Former UVa Scientist Michael Mann is Proven Correct, and Human Activity Really is Causing the Earth to Warm” or “Virginia Circuit Court Judge Sets Aside Portions of Civil Investigative Demand”

Maybe the dual titles are a lousy attempt at humor–but as I often tell my clients, the jokes are for me, the rest is for you.  Yesterday, the news broke that the Circuit Court for Albemarle County had set aside […]

Virginia Qui Tam Law.com blog subscriptions are now available on your Kindle

I am pleased to announce that Virginia Qui Tam Law is now published in a Kindle edition , so the blog feeds are available from Amazon.com for those of you who own a Kindle. I recently purchased a Kindle myself, and I have […]

Hearing to be held on UVa’s challenge to the OAG’s civil investigative demand this Friday, August 20, 2010, at 2:00 PM

                                                                                                                                                     As regular readers know, this Friday, the Circuit Court for Albermarle County is set to hear argument on the University of Virginia’s motion to quash Attorney General Ken Cuccinelli’s civil investigative demand pursuant to Virginia Code 8.01-216.7(D). The strategy […]

Regarding liability under the Federal False Claims Act and the Virginia Fraud Against Taxpayers Act–its the “Sneaking Around” that gets you into trouble



The standards for liability under the FCA and the VFATA are quite different from under other causes of action. This blog post focuses on one of my personal favorite FCA opinions: 
Young-Montenay, Inc. v. United States, 15 F.3d 1040 (Fed. Cir. 1994).

If anyone were to assemble a case book of important decisions delineating the principles of the Federal False Claims Act, Young-Montenay would be at the very top of the list. Why? 
Because I do …

A refreshed look at the pleading standards for Complaints….and Affirmative Defenses

Everyone knows by now that the U.S. Supreme Court has recently spoken on the topic of the pleading standards of Fed. R. Civ. P. 8 and instituted a “plausibility” pleading standard in the case of Bell Atlantic Corp. v. Twombly, […]

Breaking News: The Dodd-Frank Conference Report on Amendments to the anti-retaliation provisions of the Federal False Claims Act

Last Friday evening, the

Truly, there is nothing new under the sun….including the reasons UVa seeks to quash the Civil Investigative Demand issued by Attorney General Ken Cuccinelli

Lest anyone think that the debate about Attorney General Ken Cuccinelli’s quash and/or set aside the CIDs in the Circuit Court for the County of Albemarle, Virginia.  This is shaping up to be an interesting fight, because this is the very first […]

Cuccinelli Investigates Grant Fraud at the University of Virginia

The D.C. Examiner has a story today about Virginia Attorney General Ken Cuccinelli issuing a Civil Investigative Demand (“CID”) to the University of Virginia as part of an investigation into grant fraud.  You can read Bill Flook’s excellent story here. […]

Senator Grassley Sends a Warning to State Legislatures Across the Country

As more states struggle to pass state-level false claims act legislation, I have mentioned recently that PhRMA and other health care lobbyists seem to have switched their tactics.  Simply put, as more and more states come on board and reap […]