In November, Supreme Court will hear oral arguments in State Farm Fire & Casualty Co., United States ex rel. Rigsby, a case involving the False Claims Act and misclassified claims after Hurricane Katrina. This case is important as litigation under the False Claims Act has grown remarkably in recent years. It also is relevant that the False Claims Act, which dates back to the Civil War, and provides for treble damages, mandatory minimum penalties, and recovery of costs, including attorney¹s fees, making successful litigation quite lucrative. Government Contractors have complained bitterly about what they regard as unduly lax applications of the statute by the lower courts.
Brian Markovitz of Joseph Greenwald & Laake discusses the intersection of Hurricane Katrina, Abraham Lincoln and the so-called “Lincoln Law”.