Extrapolating False Claims: The Debate In US V. Life Care

Law360, New York (October 7, 2014, 3:08 PM EDT) -- Statistical analysis, sampling and extrapolation have become a leading tool in the struggle to minimize cost and effort when collecting data and evidence in litigation. Some courts have accepted statistical sampling and extrapolation as evidence to estimate damages in limited circumstances.[1] In other cases, administrative agencies may use statistical sampling and extrapolation to determine overpayment amounts due to the government.[2] However, the use of sampling for purposes of establishing liability in False Claims Act litigation is an issue of conflict between those prosecuting FCA claims and those defending such claims.

In the recent decision in United States ex rel. Martin v. Life...

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