The FCA Insider

The FCA Insider

Insights and updates on False Claims Act Litigation

Jonathan Ellis

Photo of Jonathan Ellis Jonathan is a Chambers USA-ranked national appellate lawyer and co-leader of the firm’s Appeals and Issues Practice Group. He helps clients design winning legal strategies in appeals and high-stakes litigation. Jonathan has argued nine cases before the U.S. Supreme Court and filed hundreds of briefs at the merits and certiorari stages before the Court. He has handled appeals and dispositive motions in other federal courts and state courts across the country. He has significant experience nationally in assisting clients in formulating appellate strategy, both in pending appeals and at the trial court level before judgment. And he has challenged and defended federal agency actions at every level of the federal judiciary.

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U.S. Supreme Court Clarifies DOJ’s Authority to Dismiss Whistleblowers’ False Claims Act Suits, Questions Constitutionality of Qui Tam Provisions

DOJ, FCA Litigation
In United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court recently resolved a circuit split[1] by holding that in a False Claims Act (“FCA”) action (1) the Government may seek dismissal of a qui tam case in which it initially declined to intervene over the relator’s objection as long as… Continue Reading

Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors and Healthcare Providers Accused of Fraud

FCA Litigation
On June 1, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs in consolidated False Claims Act cases in a decision that clarified the application of the FCA’s knowledge requirement. In United States ex rel. Schutte v. SuperValu Inc., the court held that the FCA reaches defendants who knew the claims they submitted were fraudulent,… Continue Reading

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