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ARTICLE · 30 JANUARY 2020

False Claims Act - Year In Review: Five Decisions That Will Affect The Future Of FCA Litigation

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The Department of Justice (DOJ) recorded another banner year of over $3 billion in False Claims Act (FCA) recoveries in 2019.

United StatesLitigation, Mediation & Arbitration
Robert S. Salcido
Robert S. Salcido
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Key Points:

  • False Claims Act plaintiff cannot use discovery to satisfy Fed. R. Civ. P. 9(b).
  • Payment of fair market value is a dispositive defense in FCA actions alleging a violation of the Anti-Kickback Statute.
  • Qui tam plaintiffs cannot proceed with separate claims or against separate defendants once the government intervenes unless the government intervenes in the relator's additional claims.
  • CMS's most recent Stark law interpretation significantly diverges from recent Stark law/FCA court decisions.
  • Subregulatory guidance that is not tethered to a statute or regulation cannot serve as the foundation to an FCA action.

The Department of Justice (DOJ) recorded another banner year of over $3 billion in False Claims Act (FCA) recoveries in 2019.1 The health care industry, as usual, bore the brunt of the recoveries with DOJ registering over $2.6 billion in recoveries.2

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