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FCA Update Blog

Articles: 1-10 of 206

Courts Weigh Appropriateness of Statistical Sampling in Ongoing Case

USA - June 13 2018 On April 2, 2018, the magistrate judge for the US District Court for the Southern District of Indiana issued an order refusing qui tam relators’…

Massachusetts Lawsuit Against Long-Term Pharmacy Care Provider Fails to Clear the Legacy FCA Public Disclosure Bar

USA - May 16 2018 On April 30, 2018, the U.S. District Court for the District of Massachusetts dismissed the last remaining state False Claims Act (FCA) claims against…

District Court Discards FCA Claim with Prejudice for Inability to Identify Specific False Claims

USA - May 10 2018 On April 24, 2018, the District Court of Maryland dismissed with prejudice a relator’s qui tam suit against Johns Hopkins Health System Corporation…

Eleventh Circuit Decision Expands Circuit Split on the FCA’s Statute of Limitations

USA - April 26 2018 On April 11, 2018, the Eleventh Circuit split from several other circuits on the question whether False Claims Act (FCA) relators can rely on the…

The Third Circuit Rejects the Anti-Kickback Statute “Tainted Claims” Theory

USA - April 24 2018 A key area of dispute in False Claims Act (FCA) cases based on Anti-Kickback Statute (AKS) violations is what degree of connection plaintiffs must…

Another Court Grants Summary Judgment to FCA Defendant Based on Escobar’s Materiality Standard

USA - April 11 2018 On April 6, 2018, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by a waste company in…

District Court Rejects FCA Claim Based on “Substandard” Product

USA - March 26 2018 On March 13, 2018, the United States District Court for the Eastern District of Oklahoma dismissed U.S. ex rel. Montalvo v. Native American Servs…

New DOJ Task Force to Take on Opioid Crisis Using the FCA and Other Enforcement Tools

USA - March 2 2018 Earlier this week, the US Department of Justice (DOJ) launched a new front in its effort to combat the opioid crisis and explicitly stated that it…

FCA Whistleblower’s Deficient Anesthesia E-Billing Suit Dismissed with Prejudice by Florida District Court

USA - February 27 2018 On February 6, 2018, the US District Court for the Middle District of Florida granted a motion to dismiss a non-intervened False Claims Act (FCA) suit…

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

USA - February 20 2018 In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as…