False Claims Act Decisions To Know From Q2 2024

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA's anti-retaliation provision, its first-to-file bar, and issues around judgments and awards.

FCA Retaliation Claims Sustained and Tossed at Summary Judgment

Section 3730(h) of the FCA provides anti-retaliation protection for relators bringing FCA actions. Plaintiffs are required to establish the following:

1. They engaged in protected activity.
2. An adverse employment action occurred.
3. The adverse action was causally related to their protected activity.

If plaintiffs establish these elements, the burden of production shifts to the defendant to come forward with a legitimate, non-discriminatory reason for the challenged employment action. Then, the plaintiff has the ultimate burden of proving the reason to be a pretext for unlawful discrimination.