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Qui Tam Quarterly: Strategies for Avoiding the "Battle of the Experts" in False Claims Act Cases Based on Medical Necessity

Medical necessity cases continue to be a focal point for False Claims Act (FCA) investigations and lawsuits. With this focus comes an age-old problem for health care providers and entities defending these actions: the...more

Not Your Average Lessor: The False Claims Act and Treble Damages in Royalty Disputes With the Federal Government

INTRODUCTION - On May 1, 2019, the U.S. Department of Justice (“DOJ”) and the U.S. Attorney’s Office (“USAO”) for the Northern District of Texas announced a $4.375 million civil settlement with a natural gas marketer and...more

U.S. Supreme Court Implied Certification Case Both Expands and Limits False Claims Act Liability

Court Recognizes Theory but Reaffirms the “Rigorous” Materiality and Scienter Requirements, Making Clear that the FCA is No Remedy for “Minor or Inconsequential” Infractions The Supreme Court issued a much-anticipated...more

Blurring the Lines between False Claims Act Litigation and Putative Federal Malpractice Law: The DOJ Quietly Invokes “Worthless...

On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more

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