Jessica Ellsworth

Oct 3, 2024 | lexology.com | Jonathan Diesenhaus |Jessica Ellsworth |Michele Sartori |Emily Lyons |Xochitl Halaby |Mike Dohmann | +1 more

Since June 2023, the False Claims Act (FCA) bar has waited with baited breath for district courts to address Justice Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc., suggesting that the qui tam provisions of the federal civil False Claims Act – which allow a private citizen whistleblower or qui tam relator to file and pursue an FCA case even if the government declines to join or intervene in the suit – may be an unconstitutional delegation of power.

Oct 2, 2024 | lexology.com | Michael Theis |Katie Wellington |Jessica Ellsworth |Katy Forsstrom |Danielle Stempel |Susan Cook | +2 more

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the 40-year-old Chevron deference doctrine. Under Chevron U.S.A. Inc. v. National Resources Defense Council, courts were required to defer to an agency’s reasonable interpretation of an ambiguous statute administered by the agency in certain circumstances.

Jun 25, 2024 | jdsupra.com | Hunter Davis |Jonathan Diesenhaus |Jessica Ellsworth

Earlier this month, the U.S. Supreme Court agreed to hear an appeal in the telecommunications case Wisconsin Bell, Inc. v. United States ex rel.

Jun 7, 2023 | jdsupra.com | Thomas Beimers |Jonathan Diesenhaus |Jessica Ellsworth

The Court granted cert in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc 1 to offer guidance on the scope of the False Claims Act’s scienter requirement: what does it mean for a claimant to “knowingly” present a false or fraudulent claim to the U.S. government in the context of a complex, ambiguous regulatory scheme?

Mar 31, 2023 | lexology.com | Jonathan Diesenhaus |Thomas Beimers |Jessica Ellsworth |Eliza Andonova |Laura Hunter |Mike Dohmann | +2 more

The Sixth Circuit expanded the existing circuit split regarding when a kickback causes a federal health care claim to be false or fraudulent under the False Claims Act (FCA) and set out a new analysis for what constitutes impermissible remuneration under the federal Anti-Kickback Statute (AKS), curbing the scope of potential liability. On Tuesday, the Sixth Circuit released its opinion in U.S. ex rel. Shannon Martin, et al. v.