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False Claims Act: Circuit Court Questionably Construes Scienter Requirement
  • Jones Day
  • USA
  • June 21 2017

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp


First Circuit expands definition of "false or fraudulent" claim under the FCA
  • Jones Day
  • USA
  • September 6 2011

In US ex rel. Hutcheson v. Blackstone Medical Inc., decided on June 1, 2011, the First Circuit declined to "adopt any categorical rules as to what counts as a materially false or fraudulent claim under the FCA."


Response to FOIA request cannot form the basis of FCA suit by private plaintiff
  • Jones Day
  • USA
  • September 6 2011

In Schindler Elevator Corp. v. US ex rel. Kirk, issued on May 16, 2011, the Supreme Court held that a federal agency's response to a FOIA request constitutes a "report" for purposes of barring the information from being used by a private plaintiff as a basis for an action under the FCA.