Pa. Transit Contractor Loses 3rd Circ. FCA Retroactivity Fight

By Matt Fair (July 13, 2021, 4:36 PM EDT) -- The Third Circuit said in a published decision on Tuesday that a 2009 amendment to the False Claims Act clarifying that intent to defraud was not required to sustain a violation of the law applied retroactively to a Philadelphia-area transit contractor's misclassification of workers on a project that concluded in 2007.

Clarifying what it said was an issue of first impression for the Third Circuit, a three-judge panel agreed language in the U.S. Fraud Enforcement and Recovery Act of 2009 rejecting the intent requirement for "claims" made under the FCA on or after the law's effective date of June 7, 2008...

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