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Fourth Circuit Rules that Falsity Under Escobar Does Not Require Specific Misrepresentations
  • Sidley Austin LLP
  • USA
  • May 22 2017

Courts have focused their attention post-Escobar primarily on whether plaintiffs have met the heightened standard for pleading the violation of a


Fourth Circuit Affirms Defense Summary Judgment Based on Government Declarations
  • Sidley Austin LLP
  • USA
  • March 3 2017

As we previously discussed here, the government's continued payment despite knowledge of contractual or regulatory noncompliance has become a


Fourth Circuit Appears Inclined to Avoid Sampling Question
  • Sidley Austin LLP
  • USA
  • November 2 2016

As we reported here and here, the question of whether statistical sampling can be used to establish FCA liability became intertwined in a Fourth


Relators Urge Fourth Circuit to Limit DOJ Authority to Veto FCA Settlements
  • Sidley Austin LLP
  • USA
  • January 21 2016

Under what circumstances can the government veto a settlement between a relator and the defendant in a case in which the government has not


Relators Argue Fourth Circuit Must Permit Use of Sampling to Establish FCA Liability
  • Sidley Austin LLP
  • USA
  • January 20 2016

The Fourth Circuit has agreed to consider on interlocutory appeal whether statistical sampling can be used to establish FCA liability, as we


Fourth Circuit agrees to consider statistical sampling and DOJ authority to oppose settlements in FCA cases
  • Sidley Austin LLP
  • USA
  • October 1 2015

The Fourth Circuit has agreed to hear an interlocutory appeal from a case in the District of South Carolina (discussed here), regarding the now


Briefs filed opposing Fourth Circuit review of statistical sampling on interlocutory appeal
  • Sidley Austin LLP
  • USA
  • July 30 2015

As we previously reported here, a district court in South Carolina recently certified to the Fourth Circuit two questions for interlocutory