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Fifth Circuit Declines to Take a Side in the FCA Circuit Split on DOJ’s Dismissal Authority Pursuant to 31 U.S.C. § 3730(c)(2)(A)
False Claims Act Retaliation in 2021
Bipartisan Legislation Introduced To Overhaul FCA To Further Hamstring Defendants
Plaintiff Can Pursue Retaliation Claims Under FCA, State Law; United States District Court for the Eastern District of Missouri, Eastern Division, No. 4:20-cv-00404-AGF, Candise Collins v. Gershman Investment Corp.
Utah Court Adopts “But-For” Standard for Causation in Retaliation Case; United States District Court for the District of Utah, U.S. ex rel. Brandon Barrick v. Parker-Migliorini International LLC, et al.
Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act
Fifth Circuit Declines to Take a Side in the FCA Circuit Split on DOJ’s Dismissal Authority Pursuant to 31 U.S.C. § 3730(c)(2)(A)
Fifth Circuit Affirms DOJ’s Broad Authority to Dismiss Qui Tams Over Relators’ Objections, but Adds Teeth to “Hearing” Requirement
Fifth Circuit Affirms Government’s Unilateral Dismissal of FCA Claims Despite Initially Declining to Intervene
False Claims Act Cases in Home Health Sector
D.C. Circuit Applies But-For Causation Standard, Weak Materiality Test to FCA Claims, While Concurrence Questions Viability of Fraudulent Inducement Theory
Sixth Circuit Affirms Dismissed FCA Case against Walmart involving Opiate Prescription Allegations
DOJ Brings Flurry of False Claims Act Cases
Nothing Personal: Southern District of New York Dismisses FCA Suit Against Foreign Entity on Personal Jurisdiction Grounds
AKS Safe Harbor Defense Undermined by Missing Information in Agency Agreement; United States District Court for the Northern District of Illinois, Eastern Division, No. 12-cv-09306, Stop Illinois Health Care Fraud LLC v. Asif Sayeed, et al.
Sixth Circuit Order Prescribes a High Dose of Particularity to Would-Be FCA Relators
Relator Adequately Alleged Hospice Services were Unnecessary, Not Provided; United States District Court for the Southern District of Mississippi, Northern Division, No. 3:16-CV-128-CWR-FKB, U.S. ex rel. Rhonda McClinton v. Southerncare Inc. dba Southerncare Hospice Services, et al.
Federal Judge in Missouri Denies Motion to Dismiss False Claims Act Case
Defendants Can’t Claim MACs Legitimized Claims for Unallowable Costs When They Withheld Relevant Information from Auditors; United States District Court for the Southern District of Mississippi, Southern Division, No. 1:16-CV-369 HTW-LGI, U.S. ex rel. James Aldridge v. Corporate Management Inc., et al.
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