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The False Claims Act Guide: 2022 and the road ahead - Supreme Court to weigh in on DOJ’s dismissal authority

The Department of Justice (DOJ) dismissal authority: Supreme Court will resolve Circuit split in standard, but DOJ seems unlikely to pick more fights with relators. For nearly two decades, when DOJ invoked its authority...more

New circuit split on evidence needed to prove a kickback renders a claim false or fraudulent

The Eighth Circuit released an opinion Tuesday in U.S. ex rel. Cairns v. D.S. Medical LLC that creates a new circuit split on the interpretation of the causation standard for establishing that a claim “resulting from” a...more

Fourth Circuit: Safeco Defense Applies to FCA Claims and Dooms Medicaid Best Price Qui Tam

In a split decision issued January 25, 2022, the Fourth Circuit strongly endorsed a defense to False Claims Act liability for entities that submit claims to the government in today’s complex regulatory environment, finding:...more

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