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FCA Split Has High Court Momentum Despite DOJ's Critique, Law360

June 01, 2022

The US Department of Justice (DOJ) recently submitted its filing in response to one of the US Supreme Court’s invitations on a major False Claims Act (FCA) issue. As a result, “[t]here’s a good chance the U.S. Supreme Court will agree to assess whether False Claims Act whistleblowers must pinpoint potentially fraudulent billing,” reports Law360.

“The brief actually makes the point that variability exists,” partner and former DOJ health fraud attorney Katie McDermott told Law360. “[It] is not reassuring on the issue of a circuit split [and] may not quell the interest to review the pleading controversy in FCA actions."

"The question is, whose ox would be gored in any clarification?” Katie continued, adding, “That is always the danger when the Supreme Court takes up FCA legal issues."

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