Jonathan Diesenhaus

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.

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?

Apr 20, 2023 | jdsupra.com | Jonathan Diesenhaus |Virginia Gibson |Gejaa Gobena

The consolidated matter of Schutte v. SuperValu1 was appealed from the Seventh Circuit, after two split panels held that if a defendant is faced with an ambiguous statute or regulation, it does not act with reckless disregard if (1) its conduct was consistent with an objectively reasonable interpretation of the provision, and (2) the government had not issued authoritative guidance cautioning against the interpretation.

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.