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A Difference of Opinion Remains: The Third Circuit's Rejection of an "Objective Falsity" Requirement for FCA Liability Stands...

The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and...more

Anti-Kickback Statute Enforcement Year in Review and Outlook for 2021

I. Introduction - While 2020 was a year like no other in many ways, the challenges posed by the global COVID-19 pandemic do not appear to have stalled the Department of Justice’s (DOJ) health care fraud enforcement...more

Third Circuit Provides Defense for FCA Claims Concerning Pre-2010 Conduct

On June 18, the Third Circuit affirmed a District of Delaware decision dismissing a False Claims Act (FCA) case against Medco Health Solutions, Inc. because the relator was not an original source of the information underlying...more

When Research Misconduct Violates the False Claims Act: Lessons from Duke's $112.5M Settlement

On March 25, the U.S. Department of Justice (DOJ) announced that Duke University agreed to settle a False Claims Act qui tam action alleging widespread misconduct in federally funded research. ...more

DOJ as Your Ally: Government Weighs In on Patient Support Services Kickback Claims

On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts...more

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