As for the Judiciary, the U.S. Supreme Court did not issue any relevant decisions nor grant certiorari in any notable FCA cases in FY21. To the contrary, they denied petitions to review appellate cases of potential significance (e.g., in June 2021 the Supreme Court declined to review a case from the Seventh Circuit regarding the government’s ability to move to dismiss over a relator’s objection). In January 2022 (FY22), the Supreme Court did invite the views of the United States (via the Solicitor General) on the pleading standards in FCA cases, specifically the issue whether Federal Rule of Civil Procedure 9(b) requires plaintiffs in an FCA cases who plead a fraudulent scheme to also plead specific details of false claims. See Johnson, et al. v. Bethany Hospice and Palliative Care LLC, No. 21-462 (Jan. 18, 2022). This suggests that the Court may weigh in on the FCA in FY22. We’ll keep you posted.
There were approximately 80 FCA cases considered by the Courts of Appeal in 2021; the following are a few noteworthy decisions:
GOVERNMENT INTERVENTION AND DISMISSAL: In United States v. Republic of Honduras, 21 F.4th 1353 (11th Cir. 2021), the Eleventh Circuit for the first time weighed in on the issues: (1) whether the Government must first formally intervene upon a showing of good cause prior to filing a motion to dismiss, and (2) what is the standard of review at a hearing on the matter. Noting that the FCA “statute is silent concerning whether the Government must formally...
PHOTOS: COMPETITION AND CONSUMER COMMISSION OF SINGAPORE SINGAPORE – Three online retailers have been caught using misleading features to influence shoppers by Singapore’s consumer and competition...