6th Circ. Must Weigh FCA Extrapolation, Life Care Says

Law360, New York (October 14, 2014, 5:20 PM EDT) -- Nursing home giant Life Care Centers of America Inc. wants the Sixth Circuit to review a district court decision letting government lawyers extrapolate from a sample of billing statements to establish potentially enormous False Claims Act liability, saying “critically important questions of law” must be resolved in the whistleblower case.

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The request came Friday in a motion for U.S. District Judge Harry S. Mattice Jr. to certify his September ruling as appropriate for interlocutory appeal to the circuit court. That appeal would examine whether extrapolation can satisfy the government’s burden of proof under the FCA and whether constitutional due process...

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