United States v. Honeywell International Inc.

Case Updates

The D.C. Circuit held that the district court erred in applying proportionate-share approach to determining False Claims Act damages against non-settling defendant, and that defendant was entitled to a pro tanto, dollar for dollar, credit against its common damages liability equal to the government’s settlements with other parties.

The U.S. Chamber’s amicus brief urged the D.C. Circuit to hold that district court erred in applying proportionate-share approach to determining False Claims Act damages against non-settling defendant. Use of proportionate-share method, after other defendants had already paid damages in settlements, would allow government to seek total damages in excess of FCA’s treble damages cap and would require collateral litigation to apportion fault for conduct dating back to early 2000s.

Beth S. Brinkmann and Daniel G. Randolph of Covington & Burling LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.