DOJ Fights Bid For 6th Circ. Review Of FCA Extrapolation

Law360, New York (October 27, 2014, 3:54 PM EDT) -- U.S. government attorneys said Friday that decades of precedent establishing the use of statistical sampling in litigation should preclude the Sixth Circuit from reviewing a district court decision allowing the method in False Claims Act liability cases.

The government urged U.S. District Judge Harry S. Mattice Jr. to refuse to certify for interlocutory appeal his September ruling that found the government could extrapolate from a sample of billing statements to establish potentially enormous FCA liability for nursing home giant Life Care Centers of America Inc. in...
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