United States ex rel. Michaels v. Agape Senior Community, Inc.

  1. February 14, 2017

    Major FCA Sampling Feud Gets Squelched At 4th Circ.

    The Fourth Circuit on Tuesday declined to decide whether statistical sampling can be used to prove False Claims Act liability, saying it erred by accepting a high-profile dispute between whistleblowers and a hospice chain.

  2. January 02, 2017

    Gov't Contracts Policy And Cases To Watch In 2017

    The direction federal contracting policy will take under the new administration remains somewhat vague, but there are hints available about what may be coming, and a number of pending court cases could also help shape the government contracts landscape in 2017.

  3. October 27, 2016

    Big FCA Sampling Case Looks Like A Dud At 4th Circ.

    After a year of anticipation, the Fourth Circuit appeared unlikely Wednesday to decide whether statistical sampling can prove False Claims Act liability, an outcome that would leave district courts without eagerly awaited guidance.

  4. October 24, 2016

    Escobar Makes FCA Sampling Improper, Hospice Chain Says

    The U.S. Supreme Court's Escobar decision means that statistical sampling cannot prove False Claims Act liability in suits that rest on physician judgment, hospice chain Agape Senior Community told the Fourth Circuit on Monday in a high-profile case.

  5. July 05, 2016

    Gov't Contracts Cases To Watch In The 2nd Half Of 2016

    From a looming first appellate decision on the use of statistical sampling in False Claims Act disputes to the U.S. Supreme Court considering the rigidity of the FCA's seal requirement, the second half of 2016 offers several consequential cases that government contractors are closely watching. Here are four cases that contractors and their counsel should pay attention to in the second half of 2016.

  6. March 24, 2016

    DOJ Aims Torpedo At FCA Sampling Suit In 4th Circ.

    The U.S. Department of Justice is trying to avert an eagerly anticipated ruling on the use of statistical sampling to prove False Claims Act liability, telling the Fourth Circuit that the issue doesn't necessarily need to be resolved.

  7. January 14, 2016

    4th Circ. Urged To Allow Sampling To Show FCA Liability

    Whistleblowers on Thursday asked the Fourth Circuit to approve the use of statistical sampling to prove False Claims Act liability against a hospice chain, kicking off a case with major implications for efforts to punish large-scale fraud.

  8. December 24, 2015

    Gov't Contracts Cases To Watch In 2016

    An unusual number of relevant cases before the U.S. Supreme Court, including a prominent dispute involving the validity of the "implied certification" doctrine under the False Claims Act, headline what promises to be a busy 2016 for government contracts cases.

  9. December 24, 2015

    Health Care Cases To Watch In 2016

    The health care industry's legal docket in 2016 is jam-packed with momentous litigation that will shape the future of False Claims Act liability, Affordable Care Act coverage and abortion rights. Here are key cases to watch in the year ahead.

  10. September 30, 2015

    4th Circ. Takes Up Milestone FCA Sampling Case

    The Fourth Circuit has agreed to review whether statistical sampling can be used to demonstrate False Claims Act liability without directly analyzing Medicare billing claims, a significant development that paves the way for the first appeals court ruling on the controversial approach.