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Results: 1-10 of 56

Implied Certification Theory Under the False Claims Act
  • Ropes & Gray LLP
  • USA
  • January 31 2018

In 2016, the Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar, which was an important case in the False Claims Act area. It's


Seventh Circuit Grants Interlocutory Appeal in Rx Discount Program Qui Tam Suit to Answer Several Important Questions
  • Ropes & Gray LLP
  • USA
  • March 29 2017

In United States ex rel. Garbe v. Kmart Co., 824 F.3d 632 (7th Cir. 2016), the Seventh Circuit granted interlocutory appeal following numerous motions


Fifth Circuit Limits Reverse False Claims Act Liability
  • Ropes & Gray LLP
  • USA
  • February 16 2017

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., No. 16-30141, 2016 WL 7228813 (5th Cir. Dec. 13, 2016), the


First Circuit Affirms Summary Judgment for Defendant, Rejecting the Use of Aggregate Data to Prove False Claims and Clarifying the Limited Scope of Conduct Protected by the FCA’s Anti-Retaliation Provision
  • Ropes & Gray LLP
  • USA
  • February 6 2017

The First Circuit has issued an opinion affirming a complete grant of summary judgment for Pfizer, Inc. in United States ex rel. Booker v. Pfizer Inc


First Circuit Affirms Dismissal of FCA Off-Label Marketing Case for Failure to Meet 9(b) Particularity Requirement
  • Ropes & Gray LLP
  • USA
  • February 1 2017

In Lawton v. Takeda Pharmaceutical Co. et al., 842 F.3d 125 (1st Cir. 2016), the First Circuit affirmed the lower court’s dismissal of a False Claims


Third Circuit Holds eBay-Based Allegations Sufficient to Plead Reverse False Claim For Failure to Pay Import Duties
  • Ropes & Gray LLP
  • USA
  • January 26 2017

In October, the Third Circuit held in United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., 839 F.3d 242 (3rd Cir. 2016), that the


First Circuit Holds That, for Original Source Exception to the False Claims Act's Public Disclosure Bar to Apply, Information Supplied Must Be "Significant" or "Essential"
  • Ropes & Gray LLP
  • USA
  • January 26 2017

On June 30, 2016, the First Circuit addressed the kinds of information that a relator must provide to qualify as an original source to avoid


Fourth Circuit Holds that the False Claims Act Does Not Expand Common Law Corporate Successor Liability
  • Ropes & Gray LLP
  • USA
  • January 26 2017

In United States ex rel. Bunk v. Gov't Logistics N.V., 2016 U.S. App. LEXIS 20481, 842 F.3d 261 (4th Cir. 2016), the Fourth Circuit addressed a


Sixth Circuit Affirms that Broad Public Disclosure of Misconduct May Bar More Specific Allegations of Fraud Under False Claims Act's Public Disclosure Bar
  • Ropes & Gray LLP
  • USA
  • January 25 2017

In U.S. ex rel. Advocates for Basic Legal Equality, Inc. v. U.S. Bank, 816 F.3d 428 (2016), the Sixth Circuit affirmed the dismissal of a False Claims


Tenth Circuit Affirms False Claims Act Summary Judgment on Scienter Grounds
  • Ropes & Gray LLP
  • USA
  • January 25 2017

In United States ex rel. Smith v. The Boeing Co., 825 F.3d 1138 (10th Cir. 2016), the Tenth Circuit affirmed the district court's grant of summary