November 01, 2022
The U.S. Supreme Court's refusal to resolve one of the False Claims Act's most consequential controversies leaves circuit courts deeply divided over whistleblower pleading obligations in ways that will reverberate nationwide, attorneys say. Here, Law360 explores each circuit's approach and scenarios that might finally trigger high court intervention.
October 18, 2022
The U.S. Supreme Court's refusal to address just how much detail is needed in whistleblowers' pleadings in False Claims Act cases leaves a circuit split that defendants say encourages gamesmanship from relators seeking the most lenient standard.
October 17, 2022
U.S. Supreme Court justices on Monday rejected three petitions asking them to address how detailed whistleblowers' evidence must be when accusing employers of fraud in False Claims Act cases, an issue the petitioners said has long divided circuit courts.
September 27, 2022
The U.S. Supreme Court will kick off its new term by scrutinizing the litigation rights of nursing home residents and the False Claims Act powers of the U.S. Department of Justice, and the justices are also signaling interest in other FCA disputes, Uncle Sam's rulemaking authority and advertising by drug and device lawyers.
September 12, 2022
U.S. Solicitor General Elizabeth Prelogar told the U.S. Supreme Court that it doesn't need to review pleading standards for whistleblowers accusing employers of fraud, saying that appellate courts are equipped to handle such disputes.
July 15, 2022
Federal courts will consider several cases in the second half of 2022 that could have major impacts on government contractors, addressing issues such as the limits of the government's procurement authority and ability to dismiss whistleblower False Claims Act cases. Here, Law360 looks at the most important cases and litigation trends in the second half of the year.
June 07, 2022
The U.S. Department of Justice utterly failed to substantiate its recent assertion that circuit courts have similar standards for specificity in False Claims Act complaints, a hospice whistleblower told the U.S. Supreme Court on Tuesday, echoing corporate criticism of DOJ efforts to downplay the divide.
May 31, 2022
There's a good chance the U.S. Supreme Court will agree to assess whether False Claims Act whistleblowers must pinpoint potentially fraudulent billing because a new filing from the U.S. Department of Justice fails to debunk the consensus view of a serious circuit split, lawyers say.
May 16, 2022
The U.S. Supreme Court on Monday sought the U.S. solicitor general's views for the second time this year on the amount of detail required in False Claims Act lawsuits, making crystal clear its interest in a long-standing circuit split.
April 29, 2022
After the U.S. Supreme Court indicated interest recently in sewing up a circuit split that has bedeviled False Claims Act lawyers for the past decade, a bevy of briefs has sought to encourage or deter the justices, who suddenly have a wealth of options for fixing the fissure.