US High Court Won’t Hear FCA, Patent Cases
The US Supreme Court announced Monday that it won’t hear a much-watched case that could have limited the government’s ability to bring False Claims Act cases if it knew of the alleged misconduct. Two drug-world patent cases were also declined.
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Court rulings related to the False Claims Act (FCA) this year focused on whistleblower rules and further clarifying the theory of liability, given in the Supreme Court’s 2016 Escobar decision, Gibson Dunn health-care attorneys say.
During his January confirmation hearing, new Attorney General William Barr promised to uphold the False Claims Act. But his past statements condemning the law have some wondering how vigorous that enforcement will be.
The US Solicitor General is advising the Supreme Court not to hear a suit challenging whether a False Claims Act suit can be brought if the government knows about the alleged misbehavior and continues to pay for the relevant products or services.