News & Analysis as of

Relators

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

by Dorsey & Whitney LLP on

Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to...more

Bechtel National: Third Party Lawsuit Settlement Cost Allowability Remains Murky After Recent COFC Decision

by Dentons on

Contractor legal costs, including the costs to settle third party lawsuits (i.e., suits brought against a contractor by an individual or non-governmental entity), are allowable if the costs are reasonable, allocable,...more

Two Recent FCA Cases Reflect Courts’ Continued Skepticism of Statistical Sampling To Prove FCA Liability

by King & Spalding on

Courts are continuing to grapple with whether relators can use statistical sampling to prove liability in False Claims Act (FCA) cases. As demonstrated by two recent cases, courts remain skeptical that relators can meet...more

False Hope for False Claims Act Defendants? Government Dismissals of Qui Tam Cases May Increase

by Blank Rome LLP on

On January 10, 2018, the Department of Justice (“DOJ”) Civil Fraud Section Director, Michael Granston, sent an internal memorandum (the “Memorandum”) to attorneys responsible for civil False Claims Act (“FCA”) enforcement....more

FCA's "First to File" Bar Retains Some Teeth

by Foley & Lardner LLP on

Health care providers are under constant threat of lawsuits brought by whistleblowers under the federal civil False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA), the statute under which the government obtains most judgements...more

DOJ Official Comments on Brand and Granston Memos

by Weiner Brodsky Kider PC on

Stephen Cox, Deputy Associate Attorney General, recently spoke at the Federal Bar Association Qui Tam Conference about memos issued by Associate Attorney General Rachel Brand and Michael Granston, Director of the DOJ...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

New DOJ False Claims Act Guidance Delivers More Questions than Answers for Health Care Industry

by Baker Donelson on

The U.S. Department of Justice (DOJ) kicked off the new year by issuing two internal memoranda that are directly relevant to actions brought under the False Claims Act. The January 2018 memoranda offer valuable insight into...more

Granston Guidance: Leaked Memorandum Encourages DOJ Attorneys to Seek Dismissal of Meritless FCA Qui Tam Suits

by K&L Gates LLP on

A recently leaked U.S. Department of Justice (“DOJ”) memorandum asks government attorneys to consider seeking the outright dismissal of “meritless” qui tam actions filed under the False Claims Act (“FCA”). The eight-page...more

The DOJ’s “Granston Memo,” and Its Implications for Future Dismissals of False Claims Act Cases

The recent leak of an internal U.S. Department of Justice (DOJ or Department) memorandum setting forth considerations for dismissal of civil cases brought under the False Claims Act (FCA) offers helpful guidance not only to...more

A New Year, a New, Firmer DOJ: Recently-Released Parameters for DOJ in False Claims Act Litigation

by Baker Donelson on

The U.S. Department of Justice (DOJ) kicked off the new year with two new resolutions to help clarify some enforcement and litigations policies, both of which are directly relevant to claims brought under the False Claims...more

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Temporal Proximity Is Not Enough: Third Circuit Nixes FCA/Anti-Kickback Suit For Failure To Link Alleged Scheme to Claims

On January 19, 2018, the United States Court of Appeals for the Third Circuit affirmed a district court’s ruling granting summary judgment to a specialty pharmacy that was accused of violating the Anti-Kickback Statute and...more

The Brand Memo: Establishing “Reasonable and Necessary” In The Face Of DOJ’s New Mandate Prohibiting Reliance On Agency Guidance...

by Reed Smith on

On January 25, 2018, the U.S. Department of Justice (DOJ) issued a memorandum that further limits its ability to rely on sub-regulatory guidance to establish legal requirements for health care providers. The memorandum...more

Court Vacates $350 Million FCA Jury Verdict under Escobar

by Weiner Brodsky Kider PC on

In an action brought by a relator under the False Claims Act, the U.S. District Court for the Middle District of Florida vacated a $350 million jury verdict, finding that the relator failed to provide proof that either the...more

Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility

A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more

Third Circuit Rejects False Claims Act Theory that Anti-Kickback Violations "Taint" All Related Claims

by Jones Day on

The Situation: A provision in the False Claims Act ("FCA") had clarified when Anti-Kickback Statute ("AKS") violations can make a claim false, but the provision's rule of per se falsity does not answer when a claim "result[s]...more

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

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

by 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

To Dismiss or Not to Dismiss? That Is the Question

Healthcare news and information site RACmonitor reported with some fanfare in early November of last year that DOJ Civil Fraud Section Director Michael Granston (a friend and former DOJ colleague) had announced at a...more

DOJ Signals More Liberal Exercise Of Power To Dismiss Qui Tam Actions Under The FCA

by Husch Blackwell LLP on

On January 10, 2018, citing costs associated with record increases in the number of qui tam actions filed under the False Claims Act, the Department of Justice issued a memorandum to certain DOJ attorneys, strongly signaling...more

New DOJ Guidance May Signal Greater Willingness to Dismiss Qui Tam Cases

by Jones Day on

Although historically reluctant to seek dismissal of qui tam actions filed under the False Claims Act ("FCA"), the Department of Justice ("DOJ") recently issued an eight-page memorandum providing guidance to DOJ attorneys...more

DOJ Memorandum Sets Out FCA Dismissal Factors

by McGuireWoods LLP on

A January 10 internal memorandum from the director of the fraud section of the DOJ’s civil division commercial litigation branch, which has recently become public, sets out the factors the government should consider in...more

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

by 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

DOJ Granston Memorandum May Promote Dismissal of Unmeritorious FCA Qui Tam Lawsuits

by Reed Smith on

Michael Granston, the Director of the Commercial Litigation Branch within the United States Department of Justice’s Fraud Section, recently issued an internal memorandum affirming his prior statements that the Department of...more

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