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Litigation Strategies False Claims Act (FCA) Whistleblowers

Sheppard Mullin Richter & Hampton LLP

Inferential Leaps and Conclusory Kickback Allegations Remain Verboten in False Claims Act Complaints

Last month, the Eleventh Circuit (the “Court”) issued a decision in a False Claims Act (“FCA”) case against a medical supplier that offers welcome clarity for companies facing whistleblower allegations. In Vargas ex rel....more

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

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

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

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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

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

Mintz - Health Care Viewpoints

Perspective on DOJ Pivot on FCA Enforcement Policy

Two new DOJ policies about False Claims Act enforcement became public last week. First, DOJ’s Associate Attorney General announced a new civil enforcement policy that instructs False Claims Act litigators not to use any...more

Jones Day

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

Jones Day on

Newly released statistics illustrate that 2017 brought continued False Claims Act enforcement. The Department of Justice announced that it recovered more than $3.7 billion from all False Claims Act cases in fiscal year...more

Foley & Lardner LLP

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

Foley & Lardner LLP on

In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

Morrison & Foerster LLP

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

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