Law360, New York ( October 27, 2016, 5:20 PM EDT) -- Oral arguments held before the Fourth Circuit in the interlocutory appeal in U.S. ex rel. Michaels v. Agape Senior Community Inc., Nos. 15-2145, 15-2147, focused on two key issues arising under the False Claims Act: (1) whether district courts may review the consent of the United States statutorily required for voluntarily dismissal of an FCA action pursuant to a settlement between a relator and a defendant; and (2) whether the district court's conclusion to reject the use of statistical sampling to establish liability under the FCA should be upheld. How the Fourth Circuit rules on these issues will be watched closely and undoubtedly will have a significant impact on the litigation and resolution of future FCA cases....
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