Free Consultation (800) 424-6690 Free Consultation (800) 424-6690 | info@bergermontague.com

Newsroom Search

featured news

March 24, 2017 General

The Federal Anti-Kickback Statute

The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), (“AKS”) arose out of congressional concern that remuneration provided to those who can influence healthcare decisions would result in goods and services being provided that are medically unnecessary, of poor quality, or harmful to a vulnerable patient population. To protect the integrity […]
March 22, 2017 General

Meeting the Materiality Requirement of the False Claims Act in Cases Brought by Qui Tam Whistleblowers

The False Claims Act’s Materiality Requirement Under the express language of the False Claims Act (“FCA”), material means having a “natural tendency to influence or be capable of influencing” the government’s decision to pay a claim.  31 U.S.C. § 3729(a)(4). The Escobar Decision Under the 2016 Supreme Court case of […]
March 20, 2017 General

Fraudulent Inducement as a Legal Theory Under the Qui Tam Provisions of the False Claims Act

While many defendants may assert that fraudulent inducement is not a viable theory of liability in a qui tam case under the False Claims Act (“FCA”), the truth is that the plentiful and better-reasoned authorities to consider this issue support FCA liability for defrauding the FDA.  See United States  v. […]
March 15, 2017 General

Pleading Standards in the Eighth Circuit

Federal Rule of Civil Procedure Rule 9(b) Relators in qui tam cases under the False Claims Act (“FCA”) face considerable challenges in meeting pleading requirements in many circuits, including the 8th Circuit. The Rule 9(b) standard in the Eighth Circuit is well described by the Court in United States ex […]
March 13, 2017 General

False Claims Act Cases Based on Fraudulent Inducement

Liability under the False Claims Act (“FCA”) for fraud in the inducement is established when eligibility to receive funds under a government program was procured by misstatements or other misleading actions.  Courts have repeatedly held fraudulent inducement is a viable theory of liability under the FCA.  See United States ex […]
Contact UsFree Case Evaluation

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

$2.4B+
in 2025 post-trial judgments
$50B+
in Settlements & Verdicts
55+
Years of Experience With High-Profile Cases
100+
Attorneys Protecting Your Rights
20+
Years Ranked as Top Law Firm by Chambers USA
50
States in Which The Firm Has Successfully Litigated

On the Cutting Edge of the Profession

Legal Intelligencer