Tag Archives: FCA

False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional Guidance

By Susan M. Corcoran and Peter S. Seltzer We are seeing a growing number of False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733 cases where defendants test the sufficiency of relators’ pleadings, which is the heightened pleading standard under Rule 9(b). Rule 9(b) acts as a gatekeeping function by requiring that “in alleging … Continue Reading

Justice Department Announces Recovery Of Over $3.5 Billion From False Claims Act Cases In Fiscal Year 2015

The Justice Department announced that it secured over $3.5 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2015 (“FY2015”). This is the fourth year in a row that the Justice Department has recovered more than $3.5 billion in cases under the False Claims … Continue Reading

Fifth Circuit Upholds Original Source Requirements under False Claims Act

The Fifth Circuit recently affirmed the dismissal of two Relators’ claims brought under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 based on the Relators’ lack of personal knowledge of the information in their Complaint.  In requiring a federal False Claims Act relator to be an original source of the information underlying the … Continue Reading

Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations

Continuing a trend we reported in January 2014, the U.S. Department of Justice announced another multi-million dollar settlement of alleged False Claims Act (“FCA”) violations.  In this case, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) agreed to pay $85 million to resolve allegations that they violated the False Claims Act by submitting … Continue Reading
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