Courts Remain Skeptical Of FCA Statistical Arguments

In an article, Robert Rhoad, Matthew Turetzky and Sean Cuddihy weigh the importance of a federal court in Massachusetts’ decision on March 30 to dismiss without prejudice an action brought under the False Claims Act. The dismissal is noteworthy because it highlights courts’ continued skepticism of using statistics and other evidence (i.e., not the submission of actual claims) to establish liability under the FCA.