Qui Notes: Unlocking the False Claims Act
Welcome to Qui Notes, Arnold & Porter's forum for all things False Claims Act (FCA). Here, you will find insightful commentary and news on FCA recoveries as they happen. Our interactive "recoveries map" and "statistics" pages show where the action is, both geographically and by industry. Basic concepts are covered in our glossary, but use tags and the search tool to find points of particular interest. Whatever your issue, our FCA experts will keep a steady stream of posts coming so you are never out-of-date. The FCA is a potential trap for anyone doing business with the government — we hope Qui Notes will help you unlock it. Thanks for visiting.
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Third Circuit
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April 6, 2023
“Kicking Back” the FCA’s Scope: The Sixth Circuit Limits the Remuneration and Causation Requirements for AKS-Based FCA Claims
Last week, the Sixth Circuit issued an important decision on two key elements of False Claims Act (FCA) suits based on alleged violations of the Anti-Kickback Statute (AKS).
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August 2, 2022
Eighth Circuit Puts the Teeth Back in the AKS’s Causation Requirement, Creating Yet Another FCA Circuit Split
What type of link is needed between a claim for government money and an alleged kickback for a defendant to be liable under the FCA claim?
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February 14, 2022
When Amendment is Futile: The Third Circuit Emphasizes Importance of Specific and Well-Detailed Pleadings
Relators trying to file FCA cases need specific and well-detailed pleadings. That was the Third Circuit’s lesson when it recently affirmed a district court’s decision to dismiss an FCA case involving allegations of a unlawful referral scheme, upon finding that all of the relator’s allegations were merely conclusory and not plausible. U.S. ex rel. O’Bier v. TidalHealth Nanticoke, Inc., et al., No. 21-2123, 2022 WL 264554 (3d Cir. Jan. 8, 2022).
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