FCA Sampling Gets New Ammo In High Court's Tyson Ruling

By Jeff Overley (March 24, 2016, 6:21 PM EDT) -- Controversial efforts by whistleblowers and the U.S. Department of Justice to prove False Claims Act violations with statistical sampling got a helping hand this week, when the U.S. Supreme Court endorsed sampling to prove liability in employee class actions, attorneys say.

The past 18 months have witnessed a flurry of court fights over the use of sampling to streamline FCA suits that can involve thousands of disputed billing claims. The practice is hotly contested by corporations that say it improperly eases the government's burden of proof.

Although several judges have accepted a role for sampling, there have been dissenting voices, and...

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