Host Jonathan Porter welcomes back to the show Husch Blackwell litigator Tanner Cook to discuss an assortment of recent False Claims Act-related legal and policy developments. A U.S. Supreme Court FCA decision, a rare FCA jury trial result, and a growing circuit court split—Episode 21 covers all of these developments and more.
The discussion begins with the February Supreme Court unanimous decision in Wisconsin Bell that clarified important concepts surrounding the definition of a claim under the FCA. See more +
Host Jonathan Porter welcomes back to the show Husch Blackwell litigator Tanner Cook to discuss an assortment of recent False Claims Act-related legal and policy developments. A U.S. Supreme Court FCA decision, a rare FCA jury trial result, and a growing circuit court split—Episode 21 covers all of these developments and more.
The discussion begins with the February Supreme Court unanimous decision in Wisconsin Bell that clarified important concepts surrounding the definition of a claim under the FCA. While a victory for the whistleblower, the decision was a narrow one, leaving some important questions untouched, including the constitutionality of the FCA’s qui tam provisions. From there, the conversation pivots to a First Circuit decision in United States v. Regeneron Pharmaceuticals that reads into FCA enforcement a “but-for” causation standard, widening a circuit split on the causation issue. The episode then covers a big defense win for a Medicare Advantage plan accused of making reverse false claims. Finally, the episode discusses a new memorandum from Attorney General Pam Bondi that narrows FCA enforcement, before concluding with a discussion of the Supervalu trial and its implications for FCA enforcement.
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