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Internal DOJ Memo Encourages Dismissal of More Non-Intervened Qui Tams

USA - January 26 2018 A recently leaked internal DOJ memo reveals a dramatic shift in DOJ’s approach to dismissal of non-intervened qui tam suits. Citing the “significant...

Kristin Graham Koehler.

District Court Vacates $350M Jury Verdict Under Escobar For Failure to Prove the Government Would Have Denied Payment

USA - January 25 2018 As discussed here and here, courts continue to grapple with how to resolve qui tam cases where the government continued purchasing from the defendant...

Scott D. Stein.

Second Circuit Finds That The Government’s Continued Payment In The Face of Fraud Allegations Undercuts Materiality

USA - January 2 2018 The Supreme Court emphasized in Escobar that questions of materiality are not "too fact intensive for courts" to decide through a motion to dismiss...

Scott D. Stein.

Court Walks Back Ruling That Would Require Laboratories to Independently Verify Medical Necessity

USA - December 15 2017 Clinical laboratories stand in a position of tension: although laboratory tests must be medically necessary to be reimbursable by federal healthcare...

Scott D. Stein.

Fifth Circuit Reverses $663M Jury Verdict Based on Government’s Insistence That It Was Not Defrauded

USA - October 9 2017 If the government "repeatedly concludes that it has not been defrauded," could fraud have nonetheless occurred? The Fifth Circuit grappled with this...

Scott D. Stein.