News & Analysis as of

Litigation Strategies False Claims Act (FCA)

Bradley Arant Boult Cummings LLP

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

Bass, Berry & Sims PLC on

On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Sheppard Mullin Richter & Hampton LLP

Proving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage False Claims Act Decision

The litigator’s adage “it’s easy to plead, it’s hard to prove” once again came true in the long-running False Claims Act (FCA) case targeting Medicare Advantage (“MA”) plans operated by UnitedHealth (United). Eight years...more

McCarter & English, LLP

Federal Courts Decide on FCA Claims Actions

There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more

Latham & Watkins LLP

First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard

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The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations. In a victory for False Claims Act (FCA)...more

Sheppard Mullin Richter & Hampton LLP

SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the...more

Bradley Arant Boult Cummings LLP

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in cases involving per se liability under the federal Anti-Kickback Statute (AKS) and the False Claims...more

Goodwin

First Circuit Adopts Defense-Friendly “But-For” Causation Standard for AKS-Predicated FCA Claims

Goodwin on

In a unanimous panel opinion filed on February 18, 2025, the First Circuit held that False Claims Act cases predicated on violations of the Anti-Kickback Statute (“AKS”), require proof that alleged kickbacks were the...more

Hogan Lovells

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

Hogan Lovells on

On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the...more

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

ArentFox Schiff on

Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

Husch Blackwell LLP on

The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

Husch Blackwell LLP

False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?

Husch Blackwell LLP on

Host Jonathan Porter welcomes Husch Blackwell partner Kip Randall back to the program to dig deeper into Omni Healthcare, Inc. et al v. MD Spine Solutions LLC et al., a False Claims Act litigation in which the defendant...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough

In a significant ruling, the Second Circuit Court of Appeals recently expanded the scope of the Anti-Kickback Statute (AKS).The Court joined other circuit courts across the country in adopting, for the first time, the...more

McDermott Will & Emery

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

McDermott Will & Emery on

On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost...more

Schwabe, Williamson & Wyatt PC

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

Foley Hoag LLP - White Collar Law &...

Practitioners' Takeaways From the 2024 BBA White-Collar Crime Conference

On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and...more

Oberheiden P.C.

3 Things to Consider When Selecting a Las Vegas Whistleblower Attorney

Oberheiden P.C. on

It does not happen often, but occasionally someone will stumble onto evidence that suggests that a powerful company or a government agency is breaking the law in Las Vegas, Nevada. When they do find that evidence, they will...more

Oberheiden P.C.

4 Things to Consider When Selecting a New York City Whistleblower Attorney

Oberheiden P.C. on

If you have gained access to damaging or even incriminating information about an individual, corporation, or other entity, you may have the opportunity to become a whistleblower. Taking such action in the public interest is...more

Oberheiden P.C.

What to Look for in a Whistleblower Attorney in Dallas

Oberheiden P.C. on

Whistleblowers in and around Dallas, Texas, who want to take their findings to federal law enforcement and the public should strongly consider hiring a whistleblower lawyer to help them. Not only can whistleblower attorneys...more

Oberheiden P.C.

6 Keys to Selecting a Whistleblower Attorney

Oberheiden P.C. on

Hiring a lawyer is never an easy thing to do. Knowing which attorney has the right skillset and experience for your needs can be incredibly difficult to figure out. But it gets even trickier when you need whistleblower...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Bradley Arant Boult Cummings LLP

Overruled: Court Denies Relator’s Objection to False Claim Act Settlement

Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous...more

Verrill

The PPP Litigation Wave Is Coming: Anticipated “Qui Tam” Lawsuits Under the False Claims Act

Verrill on

Many businesses and other borrowers, such as nonprofit organizations, that received Paycheck Protection Program (PPP) loans are now several weeks into disbursing their PPP loans for payroll, mortgage or lease payments, and...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Enforcement Compliance Conference - November 3rd-6th, Washington , DC

Prepare your organization to respond to the ever-increasing emphasis on healthcare compliance issues by enforcement authorities. Hear first-hand from government officials about regulatory changes, expectations, and key...more

McDermott Will & Emery

[Event] 2019 Healthcare Litigation, Compliance & Investigations Forum - November 5th, Washington, DC

McDermott Will & Emery on

Healthcare industry business, legal and compliance executives and investors will learn strategies for proactively managing and effectively responding to compliance risks, investigations and litigation at our fourth annual...more

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