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The U.S. Supreme Court Affirms the Government's Authority to Dismiss FCA Qui Tam Cases After Declining to Intervene

The False Claims Act's ("FCA") use of qui tam relators (private individuals bringing suit on behalf of the government) has long raised both procedural and substantive challenges....more

The U.S. Supreme Court Clarifies the Scienter Standard for False Claims Act Cases

The U.S. Supreme Court clarified the standard for a defendant's state of mind in False Claims Act ("FCA") cases, holding that a defendant acts "knowingly"—which the FCA defines also to include deliberate ignorance and...more

U.S. Supreme Court to Determine Scienter Standard for False Claims Act Cases

In a momentous event for False Claims Act cases throughout the country, the Supreme Court has granted certiorari to decide the applicable scienter standard....more

Supreme Court Increasingly Wading Into False Claims Act's Morass

In Short - The Situation: The federal False Claims Act ("FCA") allows the United States to dismiss the action if the qui tam relator "has been notified by the Government of the filing of the motion and the court has...more

Supreme Court Declines to Resolve Circuit Split on Falsity Under the FCA

The Situation: In March 2020, the Third and Ninth Circuits held, in two cases in which the government had declined to intervene, that a mere difference of medical opinion may be enough to satisfy the falsity element of the...more

Personal Jurisdiction After the Supreme Court's Decision in Ford: What Has Changed?

The Supreme Court's recent decision in Ford is sure to be framed by some as expanding—perhaps quite significantly—the availability of specific personal jurisdiction under the Due Process Clause. But the decision should not be...more

Supreme Court Leaves Fifth Circuit False Claims Act Ruling Intact

The Background: In early December, the Supreme Court denied a whistleblower's request to review the Fifth Circuit's affirmance of the district court's dismissal of a False Claims Act ("FCA") case. This denial left the...more

Supreme Court Extends False Claims Act’s Statute of Limitations for Non-Intervened Suits

A case must be filed within either six years of the FCA violation or three years from when the government knew or should have known of the violation. In Cochise Consultancy, Inc. v. U.S. ex rel. Hunt, the Supreme Court...more

SCOTUS Declines to Review Ruling in Toxic Tort Case

The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Ninth Circuit Clarifies Import of Escobar in False Claims Act Litigation

The Situation: Courts have disagreed over whether Universal Health Services, Inc. v. Escobar, 136 S. Ct. 1989 (2016), announced a mandatory test for implied certification liability under the False Claims Act ("FCA"). The...more

Supreme Court Dismisses Important Securities Case on Issue Likely to Arise Again

On June 18, 2018, the U.S. Supreme Court dismissed Leidos v. Indiana Public Retirement System, a securities case that raised important and unsettled issues about the scope of liability under Section 10(b) of the Securities...more

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit

The Situation: A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements of the False Claims Act. The Result: Coyne v. Amgen is...more

Third Circuit Confirms Government Knowledge Can Defeat Scienter and Materiality Requirements for False Claims Act Liability

The Situation: In Spay v. CVS Caremark Corp., the Third Circuit became the latest court of appeals to hold that, in False Claims Act litigation, scienter can be lacking when the government has knowledge of "the facts...more

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