Court Cuts Back FCA Coverage For Medicaid Fraud
Client Alert | 1 min read | 12.16.04
Following the lead of the D.C. Circuit in U.S. ex rel. Totten v. Bombardier Corp. (Aug. 27, 2004) [see C&M Bullet Point 9/16/2004), in U.S. ex rel. Atkins v. McInteer (Oct. 27, 2004), the Northern District of Alabama dismissed a qui tam complaint for lack of subject matter jurisdiction because, among other reasons, the complaint did not allege that the defendant health care providers “presented” claims to the federal Government for payment when making claims (or conspiring to make claims) to the Alabama Medicaid Agency, even though that agency receives 70% of its funding from the federal Government. Unwilling to wait for the then-pending (now-denied) motion for en banc rehearing of Totten, and staking out a position with far-reaching implications for contractors doing business with federal grantees, particularly Medicaid providers, the District Court broadly held: “If the Totten court is correct, fraud perpetrated upon a non-federal agency cannot form the basis for an FCA claim just because the non-federal agency thereafter presents a claim for payment to a federal official.”
Insights
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk.
Client Alert | 5 min read | 09.09.26
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
