Lexology January 21, 2020
Bradley Arant Boult Cummings LLP

INTRODUCTION

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the FCA’s statute of limitation provisions in Cochise, the one FCA opinion issued by the Court in 2019. At the court of appeals level, among other notable opinions, the Eleventh Circuit issued its long-awaited opinion in AseraCare, a hospicerelated FCA case that explored the evidence necessary to establish falsity when physicians reach different judgments. And several district and appellate courts wrestled with the standards required for the Department...

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