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'Objective Falsity' and the FCA: An Ongoing Circuit Split | Foley Hoag LLP - Medicaid and the Law - Vimarsana News

'Objective Falsity' and the FCA: An Ongoing Circuit Split | Foley Hoag LLP - Medicaid and the Law

[author: Regina DeSantis] The False Claims Act (“FCA”) is a Federal statute originally enacted in 1863 as a response to fraud from defense contractors during the American Civil War.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 citizens can file whistleblower suits on behalf of the government (“ qui tam”) against those who have ...

Supreme Court Declines to Resolve Circuit Split Regarding Standard for "Falsity" in FCA Claims | Dorsey & Whitney LLP - Vimarsana News

Supreme Court Declines to Resolve Circuit Split Regarding Standard for "Falsity" in FCA Claims | Dorsey & Whitney LLP

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...

Supreme Court Declines to Weigh in on Key Falsity Question | Bass, Berry & Sims PLC - Vimarsana News

Supreme Court Declines to Weigh in on Key Falsity Question | Bass, Berry & Sims PLC

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? - Vimarsana News

How Limiting Are the Limitations on Mandatory Employer Vaccination?

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 government mandates the vaccination and when government is the employer. Requiring proof of vaccination is p...

New Standard of Admissibility for Evidence in Opposition to Summary Judgement Seems to have Emerged Across Florida | Chartwell Law - Vimarsana News

New Standard of Admissibility for Evidence in Opposition to Summary Judgement Seems to have Emerged Across Florida | Chartwell Law

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 practice, this has meant that simply filing an affidavit in opposition to summary judgment,