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U.S. Agencies Issue Regulations on No Surprises Act’s Independent Dispute Resolution Process and Good Faith Estimate Requirements

USA - October 11 2021 On October 7, 2021, the U.S. Department of Health and Human Services (HHS), Department of Labor, and Department of the Treasury (collectively, the…

Brenna E. Jenny, Jaime L.M. Jones.

Finding No Materiality, Court Grants Summary Judgment for Defense in Fraudulent Inducement Case

USA - August 25 2021 On August 12, 2021, the United States District Court for the District of Minnesota granted Boston Scientific Corporation’s (BSC) motion for summary…

Brenna E. Jenny, Jaime L.M. Jones.

Fifth Circuit Affirms DOJ’s Broad Authority to Dismiss Qui Tams Over Relators’ Objections, but Adds Teeth to “Hearing” Requirement

USA - July 20 2021 On July 7, 2021, the Fifth Circuit affirmed a district court’s grant of the United States’ motion to dismiss—over the relator’s objection—two qui…

Scott D. Stein.

D.C. Circuit Applies But-For Causation Standard, Weak Materiality Test to FCA Claims, While Concurrence Questions Viability of Fraudulent Inducement Theory

USA - July 13 2021 On July 6, 2021, the D.C. Circuit Court of Appeals affirmed in part and reversed in part a district court’s dismissal of the qui tam suit against IBM…

Brenna E. Jenny, Jaime L.M. Jones.

DOJ Opposes Supreme Court Review of Granston Dismissal Standard

USA - June 9 2021 On May 21, 2021, the Department of Justice filed a brief in opposition to a petition for writ of certiorari filed by the relator in U.S. ex rel…

Scott D. Stein.