Kevin M. McGinty

Jan 22, 2025 | mondaq.com | Grady Campion |Laurence J. Freedman |Kevin M. McGinty

In 2024, federal courts issued a number of important decisionsin False Claims Act (FCA) cases that are particularly noteworthyfor the health care and life sciences industries. We focus here ondecisions that further develop the FCA scienter standard addressedin 2023 by the Supreme Court in its important SuperValudecision. We also look at decisions that have accepted theinvitation of three Supreme Court justices to reexamine theconstitutionality of the FCA's qui tam provisions.

Mar 27, 2024 | mondaq.com | Kevin M. McGinty |Laurence J. Freedman |Karen S. Lovitch |Brian Dunphy

Mintz's annual report on False Claims Act case activity analyzes data from the DOJ and the firm's Health Care Qui Tam Database, and explores the 2023 spike in FCA case activity, the ongoing moderate decline in health care–related activity, and continuing robust recoveries in health care cases.

Mar 20, 2024 | natlawreview.com | Kevin M. McGinty

False Claims Act (FCA) case activity spiked sharply upward in 2023, even as health care–related activity continued its moderate recent decline. These trends appear in both the annual statistical report published by the Department of Justice (DOJ) (for the federal fiscal year ended September 30, 2023) and in the health care–related qui tam litigation activity for the 2023 calendar year tracked in Mintz’s internal Health Care Qui Tam Database (the “Mintz Database”).

Dec 7, 2023 | natlawreview.com | Kevin M. McGinty

This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June 16, 2023) of the question of whether the qui tam provisions of the False Claims Act (FCA), see 31 U.S.C. § 3730(b)(1), violate the Executive Branch’s exclusive grant of authority under Article II of the United States Constitution.

Feb 13, 2023 | jdsupra.com | Samantha P. Kingsbury |Kevin M. McGinty

Over the last year, a few important questions related to False Claims Act (FCA) cases have garnered significant attention. Two of those questions ultimately made their way to the Supreme Court. In one case, which has already been argued, the Court addresses whether the government has authority to dismiss an FCA case brought by a private citizen on the government’s behalf (a qui tam action) after originally declining to intervene and, if so, the applicable standard of judicial review.