11th Circ. FCA Ruling Takes Practical Approach To Materiality

Law360 (July 8, 2020, 4:23 PM EDT) -- On June 25, in Ruckh v. Salus Rehabilitation LLC,[1] the U.S. Court of Appeals for the Eleventh Circuit restored a jury's verdict under the False Claims Act.

At trial, the plaintiff persuaded the jury that the defendants had defrauded Medicare for years by misrepresenting the level of services they provided. U.S. District Judge Steven Merryday of the U.S. District Court for the Middle District of Florida, however, overturned the verdict and granted judgment to the defendants.

In reinstating the verdict, the Eleventh Circuit rejected the district court's view that the defendants' billing practices were mere record-keeping deficiencies[2] and not material for purposes of the False...

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