Articles and Blogs

Retaliation Claims

A Closer Look at the FCA’s Particularity and Retaliation Requirements


Posted on February 8, 2019 in False Claims Act Defense

Published by: Hall Render

In a partial affirmation, the Fourth Circuit weeded out False Claims Act (“FCA”) claims made without particularity, requiring relators to “connect the dots” between the alleged false claims and government payment and highlighted the FCA’s recently amended “objective reasonableness” standard in reviewing retaliation claims. Background In 2010, the FCA was amended to include any... READ MORE

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“Constructive Discharge” Retaliation Claims Under the False Claims Act: What Form of Intent Must the Employer Have?


Posted on April 9, 2018 in HR Insights for Health Care

Published by: Hall Render

A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In certain cases, an employee... READ MORE

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