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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...

Brenna E. Jenny.


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...

Brenna E. Jenny.


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...

Brenna E. Jenny.


Fifth Circuit Rules In Favor Of Pharmaceutical Manufacturer Based on Relators’ Failure to Establish Causation

USA - September 20 2017 Last week, the Fifth Circuit affirmed summary judgment for Solvay Pharmaceuticals Inc. on allegations that the company violated the False Claims Act...

Amy L. Deline.


Seventh Circuit Holds That 2009 CMS Letter Triggered Public Disclosure Bar for Pre- and Post-Letter Conduct

USA - August 16 2017 On August 8, 2017, the Seventh Circuit affirmed the dismissal of an FCA suit alleging that a psychiatric hospital ("Hartgrove") submitted claims to...

Neil G. Nandi.