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Seventh Circuit Affirms That Safeco “Objective Reasonableness” Standard Applies to FCA Claims; Finds It Was Objectively Reasonable for Defendants to Charge Government Retail Cash Prices Instead of Discount Program Prices

USA - August 19 2021 In a 2-1 decision, the Seventh Circuit joined the Third, Eighth, Ninth, and D.C. Circuits in holding that the standard for “reckless disregard” under…

Matt Bergs, Jaime L.M. Jones.

DC Circuit Clarifies Standard For Determining When A Relator Is Entitled To Recover Under FCA’s “Alternate Remedy” Provision

USA - August 10 2021 In an interesting opinion interpreting the FCA’s alternate remedy provision, the D.C. Circuit recently held that a relator who filed a False Claims…

MEREDITH N. GREENE.

Bipartisan Legislation Introduced To Overhaul FCA To Further Hamstring Defendants

USA - July 26 2021 A bipartisan group of Senators, led by Senators Grassley (R-IA), Leahy (D-VT), Wicker (R-MI), Durbin (D-IL), and Kennedy (R-LA), has introduced the…

Jaime L.M. Jones.

Government Narrowly Avoids Invalidation of All LCDs in the Ninth Circuit

USA - July 21 2021 A divided panel of the Ninth Circuit recently reversed a district court decision that held that local coverage determinations (“LCDs”) are valid only…

Brenna E. Jenny.

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…

Joseph R. LoCascio.