Articles and Blogs

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

On February 14, 2025, the United States Court of Appeals for the Fourth Circuit (the “Court” or “Fourth Circuit”) issued a significant ruling in United States ex rel. Rosales v. Amedisys North Carolina, clarifying how the first-to-file rule applies to qui tam actions under the False Claims Act (“FCA”). The Court determined that the... READ MORE

In the opening days of his second term, President Donald Trump signed a number of executive orders covering a wide swath of public and private activity. One such executive order (the “Order”), entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” addresses diversity, equity and inclusion (“DEI”) programs in the federal government, as well as... READ MORE

The United States Department of Justice (“DOJ”) recently settled part of a qui tam lawsuit under the False Claims Act for alleged violations of the Medicare “14-Day Rule” for $388,667. From March 2012 to November 2023, a laboratory and health system allegedly delayed submitting physician orders for certain laboratory testing until 14 days after patients’ hospital... READ MORE

On January 15, 2025, the Department of Justice (“DOJ”) announced that it recovered over $2.9 billion in False Claims Act (“FCA”) related settlements and judgments in the fiscal year ending September 30, 2024 (“FY2024”). The 2024 recovery amount exceeds the previous year’s recovery of $2.68 billion, with the number of settlements and judgments coming in at 558. Whistleblowers... READ MORE