FCA Settlement Does Not Bar Third-Party Claims
Client Alert | 1 min read | 12.03.09
In Cell Therapeutics Inc. v. Lash Group Inc. (9th Cir. Nov. 18, 2009), the Ninth Circuit ruled that an FCA settlement entered into between a drug manufacturer and the government and relator did not preclude the drug manufacturer from bringing state common law claims against an expert in Medicare reimbursement protocol for having allegedly advised that the false Medicare billings were proper. Although a company found to have violated the FCA may not shift its FCA liability to a third party, the suit was not foreclosed because, first, "independent" claims for damages were asserted; and, second, a settlement agreement without an admission of FCA liability does not constitute a finding of FCA liability, which could preclude recovery against a third party.
Insights
Client Alert | 2 min read | 02.23.26
NYC’s Mayor Mamdani Joins the Wave of Local Consumer Protection Enforcement
While state attorneys general have traditionally led consumer protection enforcement, local governments are increasingly deploying their own powers to prosecute high-stakes affirmative litigation. The results speak for themselves: Los Angeles and Chicago have secured multi-million-dollar judgments and settlements in consumer deception cases over the past decade.
Client Alert | 1 min read | 02.23.26
SCOTUS Tariff Decision: Implications for Retail and E-Commerce
Client Alert | 5 min read | 02.23.26
UK Government Seeks Evidence on Ownership and Control in Financial Sanctions Regulations
Client Alert | 4 min read | 02.20.26
