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Sample of What's to Come: Extrapolation in FCA Cases

Client Alert | 1 min read | 01.20.16

On September 29, 2015, the Fourth Circuit agreed to hear an interlocutory appeal in U.S. ex rel. Michaels. v. Agape Senior Community, Inc., to address whether the statistical method of extrapolation may be used to prove liability and damages under the FCA. In a "Feature Comment" published in The Government Contractor, C&M attorneys outline the origins of extrapolation, examine the divergent district court rulings on whether it may be used to prove damages, explain the significance of it to contractors facing FCA liability, and provide practice tips for litigating cases with statistical sampling.

Insights

Client Alert | 4 min read | 12.30.25

Are All Baby Products Related? TTAB Says “No”

The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation....