Articles and Blogs

FCA litigation

Sixth Circuit Clarifies That FCA’s Whistleblower Limitations Period Begins on Retaliatory Event Date, Not When Plaintiff Learned of Event

[01/21/22]

Posted on January 21, 2022 in HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

The Sixth Circuit Court of Appeals recently held that the statute of limitations period for retaliation claims under the False Claims Act (“FCA”) begins to run on the date of the alleged retaliatory event, and not the date the plaintiff discovers the retaliatory event. Case Background In 2008, the plaintiff physician joined a Michigan-based... READ MORE

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Money in the Bank – Monetization of the FCA

[08/13/21]

Posted on August 13, 2021 in False Claims Act Defense

Published by: Hall Render

The False Claims Act has long been a fierce, but fair weapon in the government’s fight against fraud. Recently, however, profit minded trial attorneys and private entities have monetized the FCA by taking advantage of the fraud statute’s ambiguous safeguards. By creating qui tam portfolios and securing stakes in whistleblower awards, these financially driven... READ MORE

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New FCA Decision Instructs the Government and Whistleblowers to Play Nice, Follow the Rules and Gives Government Discretion for Dismissal

[09/01/20]

Posted on September 1, 2020 in Health Law News

Published by: Hall Render

A recent decision by the Seventh Circuit Court of Appeals addressed the sometimes hostile relationship between the government and the whistleblowers it relies on to prosecute False Claims Act (“FCA”) actions. The resulting opinion was twofold: If the government wants to dictate FCA litigation it must intervene in the lawsuit; and The government has... READ MORE

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