The article discusses court cases related to False Claims Act in the U.S. The court of appeals reversed the decision of the Supreme Court in Graham County Soil & Water Conservation District et al. v. United States ex rel Wilson case. The court favored the defendants in United States of ...
Jesse Polansky, a consultant for Executive Health Resources, a company that assists hospitals in submitting bills to the government for Medicare-covered services, filed an FCA suit alleging the company was over-designating claims as inpatient rather than outpatient in violation of Ce...
The False Claims Act does not explicitly define what it means for a claim to be “false or fraudulent.” However, courts have interpreted these terms very broadly. TheSupreme Court of the United Stateshas stated that the phrase “false or fraudulent claim” reaches “all types of fraud, with...
Even assuming the allegations are publicly disclosed for some considerable period of time, the whistleblower filing a False Claims Act case cannot comment on the False Claims Act case for fear of losing an opportunity to obtain a reward and violating a court order. As a result, False Claims ...
The question of the constitutionality of the False Claims Act’s qui tam provisions was notably raised in a dissent by Justice Clarence Thomas in the 2023 Supreme Court case U.S., ex rel. Polansky v. Executive Health Resources. While Polansky discussed the issue of a relator pursuing a laws...
False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with increasing regularity, multiple parties (hospitals, providers, investors, etc.) ...
The Supreme Court may have opened the door to intense disagreement over the False Claims Act’s scienter element.
The False Claims Act (FCA) authorizes qui tam actions by private parties, called “relators,” who sue on behalf of the United States. The government may intervene and take over litigating the case during the “seal period”—the window at the outset of the action d...
Gibson Dunn has extensive experience defending False Claims Act (FCA) cases, achieving significant victories at the U.S. Supreme Court, appellate courts, and district courts nationwide. Our team, which includes former civil and criminal prosecutors who investigated and prosecuted FCA matters for the ...
Helmer, Martins, Tate & Garrett Co., LPA is the nation's most experienced law firm representing qui tam whistleblowers in a wide range of False Claims Act and other whistleblower cases.