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Third Circuit Holds FCA Qui Tam Plaintiffs Not Entitled to Automatic Hearing on Government Motion to Dismiss

USA - September 18 2019 On Thursday, September 12, the Third Circuit decided United States ex rel. Chang v. Children’s Advocacy Center of Delaware, No. 18-2311. In a…

Pablo J. Davis.

Sixth Circuit Affirms Dismissal for Failure to Meet Demanding FCA Pleading Requirements

USA - December 7 2017 The Sixth Circuit Court of Appeals recently affirmed dismissal of an FCA complaint that failed to meet the FCA’s stringent pleading requirements. See…

Andrew B. Cassady.

District Court Rejects “Holistic” Approach to Escobar’s FCA Materiality Standard

USA - September 26 2017 The District Court for the Southern District of New York recently rejected the notion of a “holistic” approach to materiality, instead zeroing in on…

Jin Choi.

Second Circuit Will Decide Whether Relators Can Avoid Dismissal Under The First-to-File-Rule by Amending Their Complaints

USA - September 18 2017 The Second Circuit Court of Appeals recently granted a petition for interlocutory review to decide whether a violation of the FCA’s first-to-file…

Sunni Harris.

FCA Defendant Strikes Back Against DOJ for Seeking Unreasonable Recovery

USA - August 25 2017 It is rare that FCA defendants have their legal defenses paid for, and rarer still that DOJ must bear the expense. In United States ex rel. Wall v…

Jeffrey A. Kaplan.