Chamber Litigation Blog

August 4, 2022

Jeffrey S. Bucholtz, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: Second and Eighth Circuit decisions interpreting the Anti-Kickback Statute (AKS) and the False Claims Act; Fourth and Seventh Circuit decisions affirming the dismissals of qui tam lawsuits under Fed. R. Civ. P. 9(b); and a notable settlement of a healthcare-related qui tam action. 

July 21, 2022

Ethan P. Davis, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a joint announcement by the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) touting the federal government’s recovery of more than $5.0 billion in healthcare fraud judgments and settlements in fiscal year 2021; a federal court decision denying a motion to dismiss a qui tam action; and three recent government settlements of FCA claims.

July 20, 2022

The U.S. Chamber of Commerce submitted comments to the Administrative Conference of the United States regarding the need for transparency and accountability from administrative agencies as they regulate the public. The letter explains:

"Guidance documents have been controversial.  What should not be controversial is that to provide guidance to regulated entities, they must be available to regulated entities.  Moreover, to the extent that guidance documents go beyond mere guidance and effectively impose obligations or liabilities, any sense of fairness or due process requires that they be accessible to regulated entities. . .

July 7, 2022

Jeffrey S. Bucholtz, Tamra Moore, Yelena Kotlarsky, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a published Fourth Circuit decision affirming dismissal of an FCA suit on Rule 9(b) and materiality grounds; a district court decision dismissing several relators from an FCA suit based on the public disclosure bar, the first-to-file bar, and Fed. R. Civ. P. 10(b), which requires clarity in complaints; and three government settlements of FCA claims.

June 23, 2022

Ethan P. Davis, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a grant of certiorari by the Supreme Court in a case concerning the scope of the government’s authority to dismiss FCA suits; a federal district court decision denying a qui tam relator’s request for a share of the government’s recovery in separate criminal proceedings; and recent government enforcement actions related to allegations of healthcare fraud.

June 9, 2022

Jeffrey S. Bucholtz, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a federal district court decision holding that a Puerto Rico government agency cannot be sued under the FCA; a Fourth Circuit decision affirming summary judgment in favor of an FCA defendant on scienter grounds; and two government settlements of FCA claims.

May 26, 2022

Ethan P. Davis, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: Sixth and D.C. Circuit decisions reversing dismissals of two qui tam actions; a grant of rehearing en banc in the Fourth Circuit’s decision applying the Safeco scienter test to FCA claims; and the Solicitor General’s filing of an amicus brief recommending that certiorari be denied in a case presenting a question about FCA pleading requirements.

May 23, 2022

Jennifer Dickey was recently a guest on the Federalist Society’s SCOTUScast Podcast, providing post-decision analysis of the Supreme Court’s decision in Badgerow v. Walters.  The case concerned the federal district courts’ jurisdiction to consider motions to confirm or vacate arbitral awards; the Supreme Court unfortunately reached an 8-1 decision limiting such jurisdiction.  For more from Jenn on the case, listen here.   

May 12, 2022

Jeffrey S. Bucholtz, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a settlement in a qui tam action based on alleged violations of cybersecurity regulations; a federal district court decision taking sides in a circuit split over the FCA’s first-to-file bar; and two federal district court decisions dismissing qui tam actions under Fed. R. Civ. P. 9(b). 

May 2, 2022

Last week, the Fourth Circuit unanimously upheld a 2020 West Virginia law prohibiting trial lawyers from using misleading tactics, like falsely labeling their ads as “medical alerts” or using the word “recall” when no recall had been issued, to scare consumers into signing up for lawsuits. Trial lawyers sued in federal court to block the law, which they claimed violates the First Amendment.

April 28, 2022

Ethan P. Davis, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a federal decision addressing a question of first impression related to Fed. R. Civ. P. 9(b), two recent government settlements of FCA claims, and a state court decision denying a motion to dismiss a claim under New York’s FCA. 

April 14, 2022

Jeffrey S. Bucholtz, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: a Seventh Circuit decision applying the Safeco scienter test to dismiss an FCA claim; an Eleventh Circuit decision addressing how to apply the FCA’s first-to-file bar; and a district court decision dismissing FCA claims based on alleged mislabeling of prescription drugs. 

March 31, 2022

Ethan P. Davis, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: two recent federal decisions analyzing FCA claims under Fed. R. Civ. P. 9(b) and two government settlements of FCA claims.

March 17, 2022

Jeffrey S. Bucholtz, Tamra Moore, Jamie Allyson Lang, Matthew V.H. Noller, King & Spalding LLP 

This week’s top False Claims Act (FCA) developments include: a proposed rule requiring Department of Agriculture contractors to certify their compliance with federal and state labor laws; the first settlement of an FCA case under DOJ’s Civil Cyber-Fraud Initiative; and a decision by a Massachusetts federal court denying attorney’s fees to relators under the FCA’s first-to-file rule.

March 3, 2022

Ethan P. Davis, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: two recent DOJ settlements resolving allegations of small business contract fraud and misuse of COVID-19 assistance programs; and a decision from a New York federal court dismissing a qui tam action under Fed. R. Civ. P. 9(b).

February 17, 2022

Jeffrey S. Bucholtz, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s report on top False Claims Act (FCA) developments includes: DOJ’s announcement that it recovered more than $5.6 billion from FCA actions during fiscal year 2021; two recent settlements reflecting the government’s ongoing use of the FCA to pursue allegations of healthcare fraud; an unpublished Ninth Circuit decision reversing the dismissal of a qui tam action under the public-disclosure bar; and a petition for certiorari seeking review of a Seventh Circuit decision in an FCA case raising questions concerning Fed. R. Civ. P. 9(b) and the scope of implied certification liability under the FCA.

February 3, 2022

Jeffrey S. Bucholtz, Tamra Moore, Matthew V.H. Noller, King & Spalding LLP

This week’s report on top False Claims Act (FCA) developments includes: a Fourth Circuit decision holding that a defendant cannot “knowingly” commit fraud under the FCA if it acts consistent with an objectively reasonable reading of federal law; a First Circuit decision adopting a deferential standard for reviewing government dismissals of qui tam FCA actions; a Sixth Circuit decision reversing a denial of attorneys’ fees to relators; and an FCA settlement involving allegations of illegal kickbacks.

January 27, 2022

Supreme Court Urges Courts to Undertake a Context-Specific Scrutiny of Excessive-Fee Claims in ERISA Cases and Pay Heed to the “Range of Reasonable Judgments a Fiduciary May Make”

Jaime A. Santos and Christina Hennecken, Goodwin Procter LLP

On Monday, the Supreme Court vacated the Seventh Circuit’s decision in Hughes v. Northwestern University, an important ERISA case.  Although the Court’s decision vacated a Seventh Circuit victory for plan sponsor Northwestern, it provided helpful guidance to plan sponsors: The Court made clear that the plausibility pleading requirement as articulated in Twombly and Iqbal applies with full force in ERISA excessive-fee cases, and it reaffirmed the importance of a context-sensitive scrutiny of allegations at the pleading stage. 

January 24, 2022

Jason A. Levine, Gillian H. Clow, Ryan Martin-Patterson, Giles Judd, and Stephen Tagert, ALSTON & BIRD LLP

The top developments in COVID-19 litigation since our last post are: the Supreme Court’s decisions to stay enforcement of OSHA’s private-sector employer vaccine-or-test mandate, and to deny a stay of a similar mandate for healthcare facilities that receive Medicare and Medicaid funding; an investor lawsuit against a pharmaceutical company for alleged misstatements about a COVID-19 treatment; and another investor lawsuit against a healthcare provider that allegedly downplayed its costs related to COVID-19.   

January 20, 2022

Ethan P. Davis, Amy B. Boring, and Kassi N. Conley, King & Spalding LLP

This week’s top False Claims Act (FCA) developments include: the Supreme Court’s call for the views of the Solicitor General on a certiorari petition related to FCA pleading requirements; the reversal of an attorneys’ fee award against a relator; continued FCA enforcement against companies that allegedly defrauded American servicemembers; and FCA settlements involving allegations of improper billing codes and unnecessary genetic testing.