In a move that reminds us that successful defendants can—and should—seek attorneys’ fees in the right case, a magistrate judge in the U.S. Court of Appeals for the Ninth Circuit awarded pharmaceutical company Aventis Pharma SA (“Aventis”) attorneys’ fees in a False Claims Act (“FCA”) case brought by a competitor, Amphastar Pharmaceuticals Inc. (“Amphastar”). The FCA contains a fee-shifting component, permitting prevailing parties to recover attorneys’ fees from the opposing party—but the playing field is not equal. This fee-shifting provision entitles a prevailing plaintiff to an award of reasonable attorneys’ fees and costs, regardless of whether the government elects to intervene in the case. 31 U.S.C. § 3730(d)(1)-(2). A defendant, on the other hand, can only be awarded attorneys’ fees in cases in which the government has declined to intervene and where the defendant can show that the opposing party’s action was “clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.” 31 U.S.C. § 3730(d)(4).
Blog Editors
Recent Updates
- Utah Law Aims to Regulate AI Mental Health Chatbots
- National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know
- New DOJ White Collar Priorities Focus on Health Care Fraud
- Federal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity
- Will Colorado’s Historic AI Law Go Live in 2026? Its Fate Hangs in the Balance in 2025