Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents
Connie N. Bertram,Amy L. Blackwood, May 7, 2013
Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central District of California to disqualify opposing counsel in...

Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision
Connie N. Bertram,Lloyd B. Chinn,Harris Michael Mufson,Steven J. Pearlman, April 6, 2013
Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. Mar. 19, 2013). The Tyco petition rightly takes the Wiest majority...

The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To File” Rule Does Not Apply Once Initial Action Has Been Dismissed
Connie N. Bertram,Amy L. Blackwood, April 4, 2013
In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war. The court also held that the rule barring a False Claims Act plaintiff (a...