On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. Continue Reading Ninth Circuit Limits Damages in Government Procurement Case
Peter Rathmell is an associate in the Litigation & Dispute Resolution Practice Group where he represents clients in complex business litigation and government investigations.
On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc. that the FCA’s scienter element turns on a defendant’s “knowledge and subjective beliefs,” not on “what an objectively reasonable person may have known or believed.”Continue Reading Supreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective Belief
Bass Berry & Sims recently secured dismissals on behalf of healthcare providers in three separate False Claims Act (FCA) qui tam lawsuits in a matter of a week’s time. Continue Reading Bass, Berry & Sims Notches Wins for Clients in Trio of False Claims Act Qui Tam Lawsuits
Previous False Claims Act (FCA) Fundamentals posts have examined how violations of certain federal laws can potentially expose entities to FCA liability when they receive money from the government. Continue Reading False Claims Act Fundamentals: Reverse False Claims
On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that misconduct involves “oinking” at co-workers.
Continue Reading Third Circuit Holds that Whistleblower Can Still Be Fired for Misconduct
As previous False Claims Act (FCA) Fundamentals posts have discussed, the FCA, 31 U.S.C. § 3729, et seq., can be triggered by submitting claims tied to violations of certain federal statutes. This post will explain the basics of two such statutes: the Anti-Kickback Statute (AKS) and the Stark Law.
Continue Reading False Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law