Courts Remain Skeptical Of FCA Statistical Arguments

By Robert Rhoad, Matthew Turetzky and Sean Cuddihy (April 10, 2018, 12:58 PM EDT) -- On March 30, a federal court in Massachusetts dismissed without prejudice an action brought under the False Claims Act.[1] The dismissal is noteworthy because it highlights courts' continued skepticism of using statistics and other evidence (i.e., not the submission of actual claims) to establish liability under the FCA. The decision is particularly important since it comes from the First Circuit, a jurisdiction where the FCA's pleading standards, although ostensibly based in Rule 9(b), are relaxed relative to other regional circuits in certain situations....

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