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Relators False Claims Act (FCA) Statutory Interpretation

Benesch

Seventh Circuit Holds Drug Manufacturer’s AMP Reporting Violated False Claims Act by Excluding Post-Sale Price Increases

Benesch on

Relator Ronald Streck filed suit under the False Claims Act (FCA) asserting that Eli Lilly falsely under-reported its Average Manufacturer Price (AMP) for Medicaid by excluding “price increase values” (sometimes called...more

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Addresses the False Claims Act Public-Disclosure Bar

The Eleventh Circuit’s published decision in United States ex rel. Smith v. Odom, 2025 WL 2424425 (11th Cir. Aug. 22, 2025), affirms dismissal with prejudice under the False Claims Act’s public-disclosure bar and offers...more

Jones Day

Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

Jones Day on

Health care industry participants frequently operate under nuanced legal frameworks that apply to the receipt of government funds. A breach of these regulations can open the door to draconian liability under the FCA even when...more

McDermott Will & Schulte

Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard

The US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law’s “volume or value” standard, known as the correlation theory and the practice “loss” theory in U.S. ex rel. J. William...more

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