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DOJ Pursues Private Equity Firm for Portfolio Company FCA Violations

USA - March 7 2018 On February 16, 2018, the U.S. Department of Justice (“DOJ”) filed a complaint in intervention against a compounding pharmacy, Patient Care America...


Third Circuit Clarifies Required Link Between AKS Violations and the False Claims Act

USA - February 13 2018 The Third Circuit’s recent decision in Greenfield ex rel v. Medco Health Systems, Inc. recently clarified the “link” that plaintiffs must show to...

Catherine Stewart.


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...

Brenna E. Jenny.


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.