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FCA Update Blog

Articles: 1-10 of 215

Insys Announces Settlement-in-Principle with DOJ Over Alleged Subsys Kickback Scheme

USA - September 13 2018 Last month, Insys Therapeutics, Inc. announced that it reached a settlement-in-principle with the U.S. Department of Justice (DOJ) to settle claims…

Sky-Diving Without a Parachute? Ninth Circuit Reluctantly Holds Escobar’s Two-Part Test Mandatory, For Now

USA - September 6 2018 In the aftermath of the Supreme Court’s 2016 Escobar decision, the majority of litigation concerning that decision’s impact has concerned the issue of…

Sixth Circuit Declines to Revisit Materiality Ruling

USA - August 29 2018 This week, the Sixth Circuit declined the en banc petition of Brookdale Senior Living Communities to revisit a three-judge panel’s two-to-one decision…

Circuit Court Affirms Payments for Referrals Made to Employees are Protected by the AKS Safe Harbor

USA - August 24 2018 On August 7, 2018, the 11th Circuit Court of Appeals affirmed a ruling by the United States District Court for the Southern District of Florida…

Recent District Court Decisions Highlight Conflicting Stances on Dismissal of Frivolous FCA Claims

USA - August 17 2018 On June 29, 2018, federal district courts in California and Kentucky issued conflicting decisions over the deference owed to prosecutors in seeking to…

Health Care Enforcement Quarterly Roundup | Q2 | July 2018

USA - July 18 2018 How will key trends and developments in health care policy and enforcement impact future litigants? In the latest Health Care Enforcement Quarterly…

Timing is Everything: The Sixth Circuit’s Application of the Materiality Test

USA - July 16 2018 The materiality test articulated in Escobar has become one of the most litigated issues in False Claims Act (FCA) practice. Most courts have taken to…

CMS Seeks Comments on Stark Law Reforms Needed to Reduce Obstacles to Innovation

USA - July 3 2018 On June 25, 2018, the Centers for Medicare and Medicaid Services (CMS) published a request for information, seeking input from the public on how to…

District Court Decision Joins Ranks of FCA Cases Confirming Escobar’s Materiality Standard

USA - June 26 2018 On June 8, 2018, the US District Court for the Eastern District of Virginia granted in part a motion for summary judgement filed by a government…

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’…