False Claims Act cases are increasingly seeing the courtroom in active litigation, especially in cases where relators press their fraud theories on their own after the Department of Justice declines to intervene. With more cases requiring courts to adjudicate disputes, it is not surprising that we have seen an increased willingness by courts to dismiss cases on dispositive motions.
Decisions in the last six months provide several new grounds for defendants to challenge the viability of False Claims Act suits. These include a potential strengthening of the FCA materiality requirement, the need for particularity in describing why a claim was objectively false, and greater scrutiny of statistical sampling evidence.
Is False Statement Material?
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