Articles and Blogs

In a significant decision with implications for 340B enforcement and False Claims Act (“FCA”) whistleblower litigation, the United States Court of Appeals for the Ninth Circuit (the “Court”) held on March 17, 2026, that a health system (the “System”) may proceed with its qui tam action alleging that pharmaceutical manufacturers engaged in fraudulent price-inflation... READ MORE

Federal courts are showing diminishing tolerance for perpetual False Claims Act (“FCA”) litigation. Years-long seal periods, one-sided discovery and serial amendments are wearing thin. The Fifth Circuit’s recent decision in United States ex rel. Gentry v. Encompass Health Rehabilitation Hospital of Pearland, L.L.C., 157 F.4th 758 (5th Cir. 2025) (“Gentry“) reflects this shift and... READ MORE

On January 16, 2026, the Department of Justice (“DOJ”) announced that it recovered a record-breaking $6.8 billion in False Claims Act (“FCA”) related settlements and judgments in the 2025 fiscal year. The 2025 recovery amount more than doubles the previous year’s recovery of $2.9 billion and marks the highest recovery in a single year... READ MORE

A Florida district court (the “Court”) in United States v. AIMA Business and Medical Support, LLC held that a third-party medical billing company can be held liable under the False Claims Act (“FCA”) for pushing medically unnecessary genetic tests, even though it did not provide care directly to patients. This decision is important because... READ MORE

In United States ex rel. O’Laughlin v. Radiation Therapy Services, P.S.C., the Sixth Circuit (also referred to as the “Court”) recently affirmed dismissal of a relator’s False Claims Act (“FCA”) action, concluding that he failed to plead or prove with particularity that radiation service providers submitted false claims for radiation or chemotherapy services, relying... READ MORE

In U.S. ex rel. Wilkerson v. Allergan, the U.S. District Court for the Northern District of Illinois (the “Court”) recently ruled that “but-for” causation is required for liability under the False Claims Act (“FCA”) resulting from alleged Anti-Kickback Statute (“AKS”) violations. This opinion aligns with the First, Sixth and Eighth Circuits, which deviated from the... READ MORE

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and... READ MORE

Within weeks of taking office in his second term, President Trump issued a series of executive orders aimed at diversity, equity and inclusion (“DEI”) initiatives. The orders sought to eliminate “illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders and requirements.” The executive orders repeatedly use the phrase “illegal DEI” but... READ MORE

In United States ex rel. Feliciano v. Ardoin, a pro se relator filed a qui tam action under the False Claims Act (“FCA”). On February 4, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s dismissal ruling that a pro se litigant cannot allege violations of the FCA. In doing so,... READ MORE

In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public... READ MORE