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Enockson Law Blog

10th Circuit Refuses Rehearing in FCA Whistleblower Case

In United States ex rel. Polukoff v. St. Mark’s Hospital, a much watched False Claims Act case, the Tenth Circuit has denied a petition for en banc rehearing. The Polukoff case, which is the subject of a prior blog, held that there is no bright line rule that a medical judgment can never form the basis of a False Claims Act …

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No Bright Line Rule For Medical Judgment Falsity

The Tenth Circuit recently held that there is no bright line rule that a medical judgment can never serve as the basis for a False Claims Act claim. In United States ex rel. Polukoff v. St. Mark’s Hospital, 895 F.3d 730 (10th Cir. 2018), the Tenth Circuit reversed the Utah District Court’s decision to dismiss a …

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Whistleblower Law Leads to $3.4 Billion of the $3.7 Recovered In 2017 under the False Claims Act

The federal government recovered $3.7 billion under the False Claims Act in 2017. Of the $3.7 billion recovered, $3.4 billion was recovered by cases brought by whistleblowers under the False Claims Act’s qui tam provisions. From these recoveries, $392 million was paid out to whistleblowers. Click here for a copy of the Justice Department’s press release.

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FCA Nets $4.7 Billion for the United States in 2016

In 2016, the Department of Justice recovered over $4.7 billion from False Claims Act cases. According to the DOJ, 2016 was the third highest year in annual FCA recoveries in the history of the FCA. Of the $4.7 billion recovered, $2.9 billion was recovered from lawsuits filed by individual whistleblowers under the FCA’s qui tam provisions. A …

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Escobar Did Not Create A Rigid Two-Part Test Applicable To All Implied Certification Cases

On September 20, 2016, U.S. District Judge Hamilton held that Escobar did not establish a ridge two-part test for falsity that must be met in every single implied certification case under the False Claims Act. The ruling was made in Rose v. Stephens Institute, Civil Action No. 09-cv-05966, which is pending in the United States District Court for the …

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Fourth Circuit Clarifies FCA’s Retaliation Standard

In Carlson v. Dyncorp International, LLC, the Fourth Circuit clarified the standard a plaintiff in the Fourth Circuit must meet to survive a motion to dismiss a retaliation claim brought pursuant to Section 3730(h)(1) of the FCA. Section 3730(h)(1) establishes a cause of action against an employer that retaliates against an employee as a result of …

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