False Claims Act Decisions To Know From Q3 2023

Below are noteworthy False Claims Act (FCA) decisions from the third quarter of 2023.

The main issues in the cases are:

1. Materiality. The Fourth Circuit held that a pharmacist's efforts to falsify patient eligibility showed the eligibility requirements were material.
2. Government Investigation Period. The Fifth Circuit cut in half a government jury verdict because of the government's lengthy investigation.
3. Damages in Procurement Cases. The Ninth Circuit limited damages in a government procurement case, holding that penalties should be based on the number of invoices, not items and that the government had to prove lost value in the goods it received.
4. Anti-Kickback Statute (AKS) Causation Standard. Two District of Massachusetts courts split on the causation standard to apply for Anti-Kickback Statute-based FCA claims.