FCA Questions That High Court May Address Next Term

By Michael Waldman and Ralph Mayrell (May 16, 2018, 4:34 PM EDT) -- After deciding a False Claims Act case in three straight terms — Carter (2014), Escobar (2015) and Rigsby (2016) — the U.S. Supreme Court skipped the FCA in the 2017 term. But, as the court noted in Carter, the FCA's many parts hardly "operate together smoothly like a finely tuned machine," leading relators and defendants to ask the court to break out the wrenches again. Although the court has denied review on 12 FCA-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court's interest....

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