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[author: Regina DeSantis] The False Claims Act (“FCA”) is a Federal statute originally enacted in 1863 as a response to fraud from defense contractors during the American Civil War. Under the FCA (31 U.S.C. §§ 3729 – 3733), it is a crime for any person to knowingly submit false or fraudulent claims for payment to the United States government.  Those who violate the FCA are liable for treble damages plus a per-claim monetary penalty (calculated to align with inflation).  Private citize...

On February 22, 2021, the United States Supreme Court declined to resolve a circuit split regarding the proper standard under which False Claims Act (“FCA”) claims in the medical...

For several years, courts have wrestled with the question of whether subjective clinical decisions regarding the type and amount of treatment patients may need can be false for purposes...

How Limiting Are the Limitations on Mandatory Employer Vaccination? USA December 22 2020 This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In fact, an argument is taking shape that employers actually have a duty to require the vaccination of certain employees. Constitutional and additional statutory limitations arise if governme...

To embed, copy and paste the code into your website or blog: The standard of review on a Motion for Summary Judgment is clear in Florida: “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.”[1] In a summary judgment hearing, the court can only look at the record evidence and determine if the evidence shows any material dispute. The judge cannot weigh the evidence in making this determination. In prac...