DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard.
The US Supreme Court, in its 8-1 June 16,...more
7/3/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Dismissals ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law....more
Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds.
An April 2022 US Department of Justice (DOJ) settlement suggests...more
12/22/2022
/ CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Physicians ,
Settlement ,
Whistleblowers
Major federal suppliers would need to perform certain climate-related actions, resulting in potential knock-on implications, expectations, and risks.
Key Points:
..The federal government’s proposed regulations would...more
The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority.
The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United...more
Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis.
Key Points:
..The CARES Act creates multiple...more
The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act.
The 11th Circuit rejected the government’s theory of falsity...more
Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations.
The United States Court of Appeals for the D.C. Circuit issued a decision in United...more
DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act.
Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more
Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions.
On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more
The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
Court of Appeals panel rules use of statistical sampling is inappropriate for interlocutory appeal, leaving FCA litigants without any direct appellate court guidance.
In the closely watched case United States ex rel....more
Rigsby places discretion in the hands of district courts as to whether and how to sanction relators who violate the seal requirement in False Claims Act cases.
On December 6, 2016, only a month after oral argument, the...more
The decision in Universal Health upholds implied certification but strengthens False Claims Act defendants’ ability to mount a materiality defense.
On June 16, 2016 the U.S. Supreme Court issued a unanimous decision in...more
Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope.
On April 19, 2016, the United States Supreme Court heard...more
4/22/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Implied Certification ,
Materiality ,
Medicaid ,
Oral Argument ,
Reimbursements ,
SCOTUS ,
Split of Authority ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
Court has the opportunity to assess the use of statistical sampling/extrapolation as a method to prove FCA liability or damages.
Courts require that plaintiffs prove each element of a legal claim with evidence — mere...more
On September 3, 2014, U.K.-based medical device maker Smith & Nephew (the ‘‘Company’’) agreed to pay $8.3 million (plus an additional $3 million in attorney’s fees) to resolve a lawsuit filed under the federal civil False...more
Appellate court affirms $50 million tax refund to FCA defendant, holding that the “economic realities” of settlement payments determine whether they are compensatory.
Civil False Claims Act (FCA) settlements, which...more