8th Circ. Gives Whistleblowers Upper Hand On FCA Pleadings

Law360, New York (September 3, 2014, 3:22 PM EDT) -- Weighing in on an issue that has sharply divided federal appeals courts, the Eighth Circuit last week ruled whistleblowers with intimate knowledge of employer billing don't necessarily need to identify specific examples of fraud, a decision that deals a significant blow to health care providers and government contractors.

Friday’s ruling in Thayer v. Planned Parenthood is a loss for providers and contractors that historically have been able to defeat FCA suits in the Eighth Circuit if whistleblowers haven’t put forward examples of actual billing claims that were purportedly bogus.

While that standard will continue to apply to many FCA cases within the...

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