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Qui Tam Genuine Issue of Material Fact

White and Williams LLP

Mere Disagreement or Knowing Falsehood: The Circuit Split on False Claims Act "Falsity"

White and Williams LLP on

On March 4, 2020, the Third Circuit Court of Appeals held in United States ex rel. Druding v. Care Alternatives, No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar. 4, 2020) that a difference of opinion between a medical...more

McDermott Will & Emery

Process Improvements Not a Basis to Establish Scienter: District Court Grants Summary Judgment to Defendants

McDermott Will & Emery on

In a January 10, 2019, decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of “knowledge” under the...more

Dorsey & Whitney LLP

Southern District of New York Opinion Provides Guidance on Satisfying Scienter Requirement Under False Claims Act

Dorsey & Whitney LLP on

Not every mistake or negligent act gives rise to liability under the False Claims Act. That principle has long been central to the FCA. But the dividing line– between making a mistake, on the one hand, and “knowingly” or...more

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