Case Study: Bunk V. Birkart

Law360, New York (February 22, 2012, 1:02 PM EST) -- In a landmark decision on Feb. 14, the United States District Court for the Eastern District of Virginia declined to impose per-claim statutory penalties of more than $50 million in a False Claims Act case with more than 9,000 “false” claims but no damages. The court held that imposing such a disproportionate penalty would violate the Eighth Amendment’s excessive fines clause, and that it lacked discretion unilaterally to reduce the penalty under the statute.

As a result, after years of pretrial procedural wrangling and following a...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.