Certifying Compliance Doesn't Decide FCA Burden, US Says

Law360, New York (August 03, 2012, 5:47 PM ET) -- The federal government on Thursday urged the Fifth Circuit to keep alive a whistleblower suit accusing Cardinal Health Inc. of selling defective intravenous pumps to government hospitals, saying False Claims Act liability doesn't hinge on government contractors certifying that they are complying with a contract's terms.

A Texas federal court erred when it dismissed Leslie Steury’s qui tam suit in May because she failed to allege that Cardinal was required to certify compliance in order to receive payment from the U.S. Department of Veterans Affairs, the...
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