Archives: False Claims Act

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Sixth Circuit Could Soon Determine If FCA Liability and Damages May Be Proven By Statistical Sampling

On October 10, 2014, Life Care Centers of America, Inc., owner and operator of over 200 “skilled nursing facilities,” filed a motion requesting that the trial court certify for interlocutory appeal its order ruling that the government may extrapolate from a significantly smaller statistical sample in order to prove the entirety of Life Care’s liability … Continue Reading

Supreme Court Will Consider Petition on False Claims Act Penalties

When the Supreme Court convenes its “long conference” on Monday to consider pending petitions for certiorari, much of the public focus will be on the various cases about same-sex marriage.   Government contractors, however, should pay closer attention to Gosselin World Wide Moving, N.V. v. United States ex rel. Bunk et al., a case involving the … Continue Reading

Eighth Circuit Adopts Flexible Pleading Standard for FCA Whistleblowers

The Eighth Circuit recently joined the ranks of four other federal circuits allowing whistleblowers to plead False Claims Act (FCA) violations without identifying specific examples of false claims submitted for reimbursement.  In so doing, the Eighth Circuit concluded that the heightened federal pleading standards required for fraud claims are satisfied where a whistleblower can provide … Continue Reading

First Circuit Affirms $50 Million Tax Refund for FCA Settlement Payments

Last month, the U.S. Court of Appeals for the First Circuit affirmed the award of a $50 million tax refund to Fresenius Medical Care Holdings, Inc. The court agreed with Fresenius that certain payments in settlement of alleged False Claims Act violations were tax-deductible. The case is Fresenius Medical Care Holdings, Inc. v. United States, … Continue Reading

D.C. Circuit Dismisses FCA Suit & Provides Guidance for Contractor Reliance on Supplier Certifications

On August 29, the U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of a qui tam suit under the False Claims Act (“FCA”) alleging that government contractor Govplace made false statements and false claims by selling to the Government, via its GSA schedule contract, computer and other products not originating in designated … Continue Reading
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