The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the FCA’s statute of limitation provisions in Cochise, the one FCA opinion issued by the Court in 2019. At the court of appeals level, among other notable opinions, the Eleventh Circuit issued its long-awaited opinion in AseraCare, a hospicerelated FCA case that explored the evidence necessary to establish falsity when physicians reach different judgments. And several district and appellate courts wrestled with the standards required for the Department of Justice (DOJ) to exercise its dismissal authority in a non-intervened case — an issue of renewed vitality after the so-called Granston Memorandum in January 2018.

Particulars aside, 2019 shared many attributes with recent years. According to a just-released DOJ report, DOJ recovered over $3 billion in judgments and settlements in FY2019, a figure slightly up from FY2018’s $2.9 billion in recoveries. Once again, healthcare led the way from an industry perspective, accounting for $2.6 billion — over 85% — of the $3 billion total recovered. Government contractors involved in various types of procurement represented a significant portion of the remaining recoveries.