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In Fraudulent Inducement Qui Tam, DOJ Once Again Invokes Dismissal Authority

USA - November 11 2022 As discussed here and here, DOJ during the last administration reinvigorated the use of its statutory authority to move to dismiss qui tam cases over…

Supreme Court Declines to Address Application of 9(b) to the FCA

USA - October 18 2022 Yesterday the Supreme Court denied cert in a trio of cases seeking clarification as to the pleading standard required in FCA cases under Rule 9(b)…

Fourth Circuit En Banc Vacates Application of Safeco to FCA Cases

USA - September 29 2022 The Fourth Circuit, evenly divided while sitting en banc, recently unwound a panel decision finding that Safeco’s “reckless disregard” standard…

HHS-OIG Flags Certain Extreme Outlier Telehealth Providers as Potentially Engaging in Fraudulent Billing During the Pandemic

USA - September 15 2022 HHS-OIG recently issued a report assessing Medicare program integrity risks arising from telehealth services furnished during the first year of the…

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…

Ninth Circuit Construes Post-2010 Public Disclosure Bar to Include Facts Disclosed During a Patent Office Patent Prosecution

USA - August 29 2022 In United States ex rel. Silbersher v. Allergan, Inc., 2022 WL 3652967 (9th Cir. Aug. 26, 2022), the Ninth Circuit ruled that the FCA public…

Provider Escapes, Contractor Remains in Qui Tam Alleging Noncompliance With Bad Debt Regs

USA - August 26 2022 Recently, the Seventh Circuit partially reversed a district court’s dismissal of a qui tam complaint alleging that debt collection agencies and their…

Fourth Circuit Underscores the Risk of Commission-Based Compensation Agreements with Independent Contractors

USA - August 2 2022 In a recent decision, the Fourth Circuit Court of Appeals for the second time in two years held that commission-based compensation arrangements with…

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…

Court Rejects “Tenuous” Connection Between FDCA Regulatory Violations and Claims for Payment

USA - July 29 2022 Recently, a district court in the Southern District of Florida dismissed with prejudice a qui tam complaint premised on the alleged sale of products…