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Enough Is Enough! Supreme Court Puts an End to 18-Year FCA Litigation


More than 18 years since the original qui tam complaint was filed, one of the longest-running FCA cases in history, U.S. ex rel. Purcell v. MWI Corp., came to an end in favor of defendant MWI, represented by C&M, when the Supreme Court on January 9, 2017, denied the relator’s petition for certiorari. The Supreme Court’s order caps MWI’s success on appeal, with the D.C. Circuit overturning a jury verdict against MWI on the grounds that the FCA’s scienter/knowledge element cannot be established when a defendant reasonably interprets an ambiguous regulation.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Brian Tully McLaughlin
Partner – Washington, D.C.
Phone: +1 202.624.2628

Charlotte Gillingham
Counsel – Washington, D.C.
Phone: +1 202.624.2948

Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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