FCA Alert

FCA Alert

Tag Archives: circuit split

Amgen Seeks Supreme Court Review of Implied Certification Theory of Liability Under the False Claims Act

Posted in Decisions Interpreting FCA Elements
The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false.”  Some courts have adopted a framework in which a claim that is true on its face can be considered “legally false” where a party somehow involved in … Continue Reading

Falsity And The FCA: The First Circuit’s Blackstone And Amgen Decisions (Part I)

Posted in Decisions Interpreting FCA Elements
The False Claims Act does not define what types of claims are “false.” Consequently, one of the key battles at the motion to dismiss stage in FCA litigation is whether the conduct alleged by the plaintiff can give rise to a “false” claim as a matter of law. For the past decade, courts addressing this … Continue Reading

Supreme Court To Decide Whether FOIA Response Is A Public Disclosure Under The FCA (Part I of II)

Posted in Articles, Relator Issues
On March 1, 2011, the United States Supreme Court heard oral argument in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888. The Schindler case is the third time since 2007 that the Supreme Court has addressed the scope of the False Claims Act’s public disclosure bar. See Graham County Soil & Water … Continue Reading
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