Bradley partner Ty Howard was quoted in Law360 regarding the D.C. Circuit Court’s ruling that False Claims Act (FCA) defendants are now entitled to reduction of their potential damages liability against settlements made by other defendants.
Howard, who chairs the firm’s Government Enforcement and Investigations Practice Group, said the court’s decision was practical, taking issues into account such as whether the proportionate share approach would be "judicially unworkable" when trying to apportion relative liability in circumstances where some defendants have already settled.
Howard added that tying to extend litigation as a strategic tactic in circumstances where more than one defendant maybe liable also forgoes the "really, really valuable" benefits of having certainty in the outcome of a case. The aftermath of this ruling may encourage defendants in similar FCA lawsuits to stall litigation as a means to minimize liabilities.
"While, in the abstract, extending out litigation to take advantage in a strategic way is possible, it's very expensive and very risky," Howard said. "It seems a little impractical to me."
The complete article, "Delay Tactic Maybe Be Outcome of DC Circuit’s FCA Liability Rule,” was published by Law360 on August 31, 2022. (login required)