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Expert Analysis

FERA Retroactivity Still Controversial Under FCA

Law360, New York (November 28, 2012, 12:59 PM EST) -- The scope and enforceability of the Fraud Enforcement and Recovery Act's retroactive amendments to the civil False Claims Act are once again the subject of a circuit split. In Sanders v. Allison Engine Co. Inc., the Sixth Circuit held that the FERA amendments to the FCA's "false statement" liability provision retroactively apply to "cases" and not to "claims for payment" pending as of June 7, 2008. The Sixth Circuit also found that retroactive application of FERA does not violate the Constitution's ex post facto clause. Sanders v. Allison Engine Co. Inc., Nos. 10-3818/10-3821 (6th Cir. Nov. 2, 2012)....

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