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Supreme Court Considers Whether to Weigh In on Rule 9(b)’s Particularity Requirement and Constitutionality of the FCA’s Qui Tam Provisions

USA - May 2 2019 As we previously reported, in U.S. ex rel. Polukoff v. St. Mark’s Hospital, 895 F.3d 730 (10th Cir. 2018), the Tenth Circuit reversed a district...

Nisha Chandran, Andrew Talai.

District Court Held that Government Must Produce Factual Basis For Allegations of Below-Fair-Market-Value Transfers

USA - April 19 2019 Earlier this month, in a FCA case in which the Government intervened, the United States District Court for the District of Minnesota held that the...

Scott D. Stein.

District Court Rejects Relators’ Pursuit of Independent Claims After Government Intervention, and Finds Government’s Allegations of Knowledge Insufficient

USA - January 24 2019 When a relator brings a civil action for a violation of the FCA, the Government “may elect to intervene and proceed with the action,” and, thereafter...

Eric Schwartz.

District court invalidates relators' pre-filing releases on public policy grounds

USA - November 21 2018 The False Claims Act is silent on the enforceability of a relator's pre-filing release of False Claims Act claims...

Kimberly A. Dunne, Ryan Stasell.

District Court Invalidates Relators’ Pre-Filing Releases on Public Policy Grounds

USA - October 15 2018 We have previously discussed (here and here) the enforceability of a relator’s pre-filing release of FCA claimsan issue on which the FCA is silent...

Kimberly A. Dunne, Ryan Stasell.