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Fraud › False Claims Act (FCA) › Summary Judgment

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Wiley Rein LLP

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

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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

Bass, Berry & Sims PLC

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

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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

Bradley Arant Boult Cummings LLP

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

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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

Bass, Berry & Sims PLC

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

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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

Bass, Berry & Sims PLC

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

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

Proskauer - Whistleblower Defense

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

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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

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