Jolie Johnson, et al., Petitioners v. Bethany Hospice and Palliative Care LLC
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November 01, 2022
A Circuit-By-Circuit Guide To FCA Suits After High Court Snub
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.
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October 18, 2022
Lack Of Clarity On FCA Pleading May Prompt Venue Shopping
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.
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October 17, 2022
High Court Won't Address FCA Pleading Standard
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.
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September 27, 2022
The High Court Cases Health And Life Sci Attys Are Watching
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.
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July 15, 2022
Top Gov't Contracting Cases To Watch In 2nd Half Of 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.
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July 13, 2022
Georgia Cases To Watch In 2nd Half Of 2022
The former Georgia municipal court worker whose sex bias case led to a landmark U.S. Supreme Court ruling is gearing up for trial in one of the biggest Georgia cases to watch in the second half of 2022.
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June 07, 2022
Don't Trust DOJ's 'Pure Ipse Dixit' On FCA Split, Justices Told
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.
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May 31, 2022
FCA Split Has High Court Momentum Despite DOJ's Critique
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.
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May 24, 2022
FCA Pleading Split Is Finally Kaput, DOJ Tells High Court
A notorious circuit split over how precisely False Claims Act lawsuits must identify fraudulent billing — a make-or-break question for hundreds of whistleblower suits — "has now subsided," the U.S. Department of Justice told the U.S. Supreme Court in an eagerly awaited filing late Tuesday.
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May 16, 2022
FCA Intrigue Intensifies As High Court Again Invites DOJ Input
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.