According to a July 28 article in Law360 by McGuireWoods lawyers Michael J. Podberesky, John S. Moran, Todd R. Steggerda, David Pivnick and Cassandra M. Burns, the U.S. Supreme Court’s recent decision declining to review an appeal of a Seventh Circuit case that could have resolved a three-way circuit split regarding the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals.
- Seventh Circuit Suggests High Standard Under the FCA Whistleblower Retaliation Provision
- Potential Anti-Kickback Prosecution Does Not Give Blanket Fifth Amendment Protection in a Medical Malpractice Suit
- Seventh Circuit Clarifies Pleading Standard for Anesthesiologist’s False Claims Action
- Tide Is Turning Against FCA Case Dismissals
- Sixth Circuit Affirms Dismissed FCA Case against Walmart involving Opiate Prescription Allegations