False Claims Act (FCA), Summary Judgment, Fraud

No Second Bite at the Apple: New Emails Can’t Undo a False Application Response

Wiley Rein LLP on 7/1/2025

The United States District Court for the Central District of California, applying California law, has held that an insurer could rescind liability insurance policies based on misrepresentations in the application, even though...more

D.C. Circuit Holds that False Claims Act Damages Must Be Reduced Dollar-for-Dollar by Other Defendants’ Settlements

Bass, Berry & Sims PLC on 9/8/2022

On August 30, the U.S. Court of Appeals for the D.C. Circuit held, as a matter of first impression, that damages in False Claims Act cases are subject to pro tanto (dollar-for-dollar) settlement offsets in cases involving...more

Defense Contractor Denied FCA Summary Judgment in First Test of DOJ’s New Civil Cyber-Fraud Initiative

Bradley Arant Boult Cummings LLP on 2/9/2022

On February 1, 2022, the United States District Court for the Eastern District of California ruled that a False Claims Act (FCA) case against defense contractor Aerojet Rocketdyne Holdings and Aerojet Rockdyne Inc....more

Government Contractors Face False Claims Act Liability for Cybersecurity Non-Compliance

Bass, Berry & Sims PLC on 2/8/2022

Last week, the District Court for the Eastern District of California denied the defendant’s motion for summary judgment of a False Claims Act (FCA) count against Aerojet Rocketdyne (Aerojet) for allegedly fraudulently...more

Eleventh Circuit Affirms Two Grants of Summary Judgment in Favor of Diabetic Experts

Bass, Berry & Sims PLC on 6/27/2017

A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently affirmed two grants of summary judgment in favor of defendant Lincare, Inc. d/b/a Diabetic Experts of America (collectively,...more

"Escobar and the Implied Certification Theory: Initial Cases Raise the Bar on Materiality in False Claims Act Litigation"

Skadden, Arps, Slate, Meagher & Flom LLP on 11/7/2016

On June 16, 2016, the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar1 (Escobar) unanimously upheld the implied certification theory of False Claims Act (FCA) liability and strengthened...more

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

Proskauer - Whistleblower Defense on 10/19/2016

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to...more

False Claims Act (FCA) › Summary Judgment › Fraud