Dinsmore on FCA Home

We counsel and educate companies on internal whistleblower complaints or other FCA compliance concerns.

District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention

DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation

District Court in Eleventh Circuit Holds Relator Cannot Overcome First-to-File Bar by Amending Complaint

United States ex rel. Cho v. H.I.G. Capital, LLC
(M.D. Fla. Aug. 26, 2020)

Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability

Citynet, No. 18-1575, 2020 U.S. App. LEXIS 19367
(4th Cir. June 22, 2020)

Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ’Parasitic Lawsuit’

Silbersher v. Valeant Pharmaceuticals
International, Inc.

1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’

United States ex rel. Banigan v. PharMerica, Inc.

Supreme Court Denies Cert in Schneider, Leaving Circuit Split on Extent of DOJ Power to Dismiss FCA Cases

United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A.

Two Circuits Hold the FCA Does Not Require “Objective Falsity,” Creating Confusion on the Appropriate Standard

United States ex rel. Druding v. Care Alternatives, Inc. (3rd Circuit) • Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc. (9th Circuit)

2nd Circuit Holds Fed Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo

United States ex rel. Kraus v. Wells Fargo & Co.

9th Circuit Skeptical of Government’s Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case

United States v. United States ex rel. Thrower

Feinwachs Holds FCA Relator’s Emails to Counsel, Even Though on Employer’s Server, Protected as Work Product

Feinwachs v. Minnesota Hospital Association

D.C. Circuit Revives Veterinarian’s FCA Retaliation Suit Over Laboratory Animal Conditions

Singletary v. Howard University

Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act

United States v. United States ex rel. Thrower
(9th Cir. Aug. 4, 2020)

Supreme Court Recognizes Longer Statute of Limitations for Qui Tam Plaintiffs in False Claims Act Cases

Cochise Consultancy, Inc. v. United States ex rel. Hunt

District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention

United States ex rel. Odom v. Southeast Eye Specialists, PLLC

DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation

District Court in Eleventh Circuit Holds Relator Cannot Overcome First-to-File Bar by Amending Complaint

United States ex rel. Cho v. H.I.G. Capital, LLC (M.D. Fla. Aug. 26, 2020)

Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability

Citynet, No. 18-1575, 2020 U.S. App. LEXIS 19367 (4th Cir. June 22, 2020)

Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability

Citynet, No. 18-1575, 2020 U.S. App. LEXIS 19367 (4th Cir. June 22, 2020)

Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ’Parasitic Lawsuit’

Silbersher v. Valeant Pharmaceuticals International, Inc.

READ

1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’

United States ex rel. Banigan v. PharMerica, Inc.

READ

Supreme Court Denies Cert in Schneider,
Leaving Circuit Split on Extent of DOJ Power
to Dismiss FCA Cases

United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A.,

READ

Two Circuits Hold the FCA Does Not Require “Objective Falsity,” Creating Confusion on the Appropriate Standard

United States ex rel. Druding v. Care Alternatives, Inc.; Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc.

READ

2nd Circuit Holds Fed Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo

United States ex rel. Kraus v. Wells Fargo & Co.

REad

9th Circuit Skeptical of Government’s Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case

United States v. United States ex rel. Thrower

REad

D.C. Circuit Revives Veterinarian’s FCA Retaliation Suit Over Laboratory Animal Conditions

Singletary v. Howard University,

REad

The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government's primary litigation tool in combating fraud and its enforcement is big business for the government.

News and Insights on the False Claims Act

We counsel and educate companies on internal whistleblower complaints or other FCA compliance concerns.

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Insight March 2021

Supreme Court Declines to Address FCA Falsity Standard, Denying Cert in Cases from Third and Ninth Circuits

Feinwachs Holds FCA Relator’s Emails to Counsel, Even Though on Employer’s Server, Protected as Work Product

9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case

DOJ False Claims Act Stats Show Growth in Recoveries in 2019, Continued High Level of Qui Tam Actions Filed

IBM Wins Dismissal of FCA Qui Tam Suit Alleging It Used Faked Audit to Pressure IRS to Renew Software License

Third Circuit Holds FCA Qui Tam Plaintiffs Not Entitled to Automatic Hearing on Government Motion to Dismiss

Supreme Court Recognizes Longer Statute of Limitations for Qui Tam Plaintiffs in False Claims Act Cases

First False Claims Act Settlement Over Flawed Cybersecurity Could Be a Harbinger of the Future

Eleventh Circuit Deepens Circuit Split over the FCA’s Statute of Limitations

Sixth Circuit Affirms Dismissal for Failure to Meet Demanding FCA Pleading Requirements

Escobar's Effect on False Claims Act Qui Tam Actions

District Court Rejects “Holistic” Approach to Escobar’s FCA Materiality Standard

Second Circuit Will Decide Whether Relators Can Avoid Dismissal Under The First-to-File-Rule by Amending Their Complaints

FCA Defendant Strikes Back Against DOJ for Seeking Unreasonable Recovery

D.C. Circuit: First-To-File Bar’s Applicability Is Determined When the Relator Files the Second Complaint

When Are False Claims Act Releases in Separation Agreements Enforced?

District Court of New Jersey Highlights Importance of Materiality Requirement at Pleading Stage

Ninth Circuit Holds Escobar’s Two Part Test Is Mandatory

Third Circuit Applies Escobar’s Heightened Materiality Standard to Affirm Dismissal of FCA Claims`

Second Circuit: The First-To-File Rule Is Not Jurisdictional

Fifth Circuit Reinforces Demanding Materiality Standard Required Of False Claims Act Plaintiffs

Court Finds Escobar Prevents Relators from Using FCA as an All-Purpose Enforcement Tool

Duke Gains Home Court Advantage in Relator’s Qui Tam Action

Virginia District Court Applies McDonnell Douglas Framework to FCA Retaliation Claim

District of Colorado Affirms Government’s Broad Discretion to Settle Qui Tam Case Over a Relator’s Objections

Fifth Circuit Affirms Timeliness of AKA Claims Added to Government’s FCA Complaint in Intervention

The Devil is in the Details:

Sixth Circuit Rejects Casual Allegations of Fraud in Affirming Dismissal of Qui Tam Action

Three Helpful Arguments for FCA Defendants: Ninth Circuit Applies Escobar to Affirm Summary Judgment

Tenth Circuit Affirms Multi-Million Dollar Attorney Fee Award Against Qui Tam Relator For “Frivolous” Claims

Government Knowledge is Relevant to More than Intent

On Reconsideration,District Court of Massachusetts Expands Potential FCA Liability Under Escobar

A $4.7 Billion Year: Analysis of DOJ’s False Claims Act Recoveries in FY 2016, Recent Trends and Predictions for the Future

Three Considerations for FCA Defendants in Light of SCOTUS Rejection of Dismissal as a Mandatory Remedy for FCA Seal Violations

A $4.7 Billion Year:
Analysis of DOJ’s False Claims Act Recoveries in FY 2016, Recent Trends and Predictions for the Future