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Expert Analysis

Guidance On Statistical FCA Damages Model From Gosselin

Law360, New York (January 23, 2015, 12:25 PM EST) -- On Dec. 24, 2014, the United States District Court for the Eastern District of Virginia set aside a $101 million False Claims Act jury verdict against Gosselin World Wide Moving NV.[1] The court held that FCA liability cannot be imposed based on anti-competitive conduct alone because the FCA is not an all-purpose anti-fraud statute, and liability requires deception or deceit in connection with a specific, identifiable claim for government payment. The decision also provides important guidance on the suitability of using statistical modeling to estimate damages under the FCA....

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