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Photo of Posts by Kelly A. Carroll Kelly A. Carroll
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Showing 2 posts by Kelly A. Carroll.

As those in the health care industry are well aware, the federal False Claims Act (FCA) imposes stiff penalties for each false claim submitted to the federal government, resulting in recoveries of over $2 billion in fiscal year 2014 relating to federal healthcare programs alone. In recognition of the highly fact-dependent analysis and per-claim liability, plaintiffs must allege fraud with particularity in FCA actions. However, while the FCA continues to attach liability at a claim-by-claim level, some district courts have shown an increased willingness to endorse plaintiffs' controversial use of statistical sampling and extrapolation of such samples to establish liability in FCA actions involving a large number of alleged false claims. Read More ›

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