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Results:1-10 of 107

Michigan Court Dismisses Earnings Claims With Prejudice
  • Gray Plant Mooty
  • USA
  • November 7 2017

A federal court in Michigan recently dismissed fraud claims brought against a provider of cryotherapy chambers for failure to state a cause of action

Continued Split Over Coverage for Fraudulently-Induced Monetary Transfers
  • Jenner & Block LLP
  • USA
  • November 6 2017

A number of courts have considered the issue of whether fidelity and crime policies with "computer fraud" provisions provide coverage for events in

Time to Take Your Medicine: Fifth Circuit Decision Diagnoses Problems with Causation Arguments
  • Vinson & Elkins LLP
  • USA
  • October 10 2017

Last month, we covered United States ex rel. King v. Solvay Pharmaceuticals, Inc. on the issue of the FCA’s public disclosure bar pre-Affordable Care

Illinois Federal Court Denies Motion to Dismiss Counterclaims Alleging Offshore Reinsurance Company Was Not Established
  • Squire Patton Boggs
  • USA
  • September 1 2017

A warranty services and financing company (Company) and a car dealership (Dealership) entered into a warranty claims servicing agreement.

District Court Rules that Claims Without Specific Misrepresentations Fail to Meet Escobar’s Test But Can Proceed Based on Fraudulent Inducement
  • Sidley Austin LLP
  • USA
  • August 29 2017

In Escobar, the Supreme Court upheld implied certification claims "at least where two conditions are satisfied," namely specific misrepresentations

Latest District Court Decision Confirms Escobar Two-Part Implied Certification Test
  • McDermott Will & Emery
  • USA
  • August 24 2017

One of the most litigated issues following the Supreme Court's Escobar decision is whether the Court created a limited, two-part test to define the

Implied False Certification Theory Fails in FCA Case Against Billing Agent
  • Mintz
  • USA
  • August 23 2017

A court in the Southern District of New York (“SDNY” or the “Court”) recently released an important decision applying the Supreme Court’s landmark

Made in China: Ninth Circuit Departs from Escobar and Rules Government’s Continued Payment of Claims Despite Knowledge of Chinese Origin of Drugs Not Enough to Defeat Materiality on the Pleadings
  • Vinson & Elkins LLP
  • USA
  • July 18 2017

Since Escobar, FCA defendants have aggressively litigated materiality. They have asked courts to define when materiality can be defeated by a showing

Applying Escobar, Court Rejects Comparative Effectiveness and “Fraud on the Formulary” Claims
  • Sidley Austin LLP
  • USA
  • July 6 2017

The heightened materiality standard imposed by the Supreme Court last year in Escobar continues to pose a formidable bar to relators pursuing

When Do Disclaimer Clauses Bar Fraud Claims?
  • Dean Mead Attorneys at Law
  • USA
  • February 14 2017

The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in