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D.C. Circuit Holds Defendants Are Entitled To Offset Damages By Amounts Paid By Other Settling Defendants

USA - September 12 2022 The D.C. Circuit recently issued an important opinion on an issue of first impression: under what circumstances is an FCA defendant entitled to…

Meredith N. Greene

Eighth Circuit Holds that AKS Violations Do Not “Taint” All Claims

USA - August 1 2022 The Eighth Circuit Court of Appeals recently issued a notable decision that offers defendants in FCA cases premised on violations of the…

Brenna E. Jenny, Joseph R. LoCascio

CBO Reports on Grassley Bill That Would Modify Escobar Materiality and Impose Rational Relation Test on Granston Dismissals

USA - July 21 2022 On July 15, 2022, the Congressional Budget Office (CBO) issued a cost estimate concerning the False Claims Amendments Act of 2021, a bill sponsored…

Jaime L.M. Jones, Joseph R. LoCascio

Supreme Court Grants Certiorari to Resolve Circuit Split on the Government’s Authority to Dismiss FCA Cases Over Relators’ Objections

USA - June 24 2022 On June 21, 2022, the Supreme Court granted certiorari to resolve a Circuit split on the standard for evaluating the Government’s authority to…

Brenna E. Jenny, Joseph R. LoCascio

Inflationary Adjustments to Civil Monetary Penalties Take Effect Less than Six Months After the Last Increase

USA - May 9 2022 This week the Department of Justice (“DOJ”) published inflationary adjustments to civil monetary penalties. This increase takes effect less than six…

Catherine Stewart