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Settlement

Fourth Circuit Says Attorney General Holds “Unreviewable Veto Power” Over Qui Tam Settlements and Sends Statistical Sampling Issue Back to the Trial Court

[02/17/17]

Posted on February 17, 2017 in False Claims Act Defense

Published by: Hall Render

The Attorney General of the United States has an unreviewable veto power over qui tam settlements, according to the Fourth Circuit’s recent published decision in United States ex rel. Michaels v. Agape Senior Community.[1] In the same decision, the court declined to decide an issue raised by the relators over the trial court’s refusal... READ MORE

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Enforceability of FCA Releases Questioned

[05/30/16]

Posted on May 30, 2016 in False Claims Act Defense

Written by:

Releases of FCA claims my only be effective in very limited circumstances, the Second Circuit Court of Appeals ruled in a decision this week. In US ex rel. Ladas v. Exelis, Inc, et al., the court ruled that a pre-filing release is unenforceable as a matter of public policy – the encouragement of qui... READ MORE

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Government Approval and Percentage in FCA Cases

[04/07/16]

Posted on April 7, 2016 in False Claims Act Defense

Published by: Hall Render

An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to enter into a settlement that... READ MORE

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FCA Cases Just Got Harder to Settle

[05/28/15]

Posted on May 28, 2015 in False Claims Act Defense

Published by: Hall Render

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension of Limitations Act, but... READ MORE

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