State University Hospital Fends Off FCA Claims Under "Arm-of-the-State" Test
Client Alert | 1 min read | 07.16.13
In U.S. ex rel. King v. The University of Texas Health Science Center-Houston, a federal court considered whether The University of Texas Health Science Center–Houston was subject to liability under the qui tam provisions of the federal civil False Claims Act, based on a former employee's allegations that the hospital had defrauded the federal government by covering up misconduct related to federal research grants, and retaliated against the employee for reporting the misconduct. Applying the "arm-of-the-state" test (previously discussed here), the court held that the university hospital was a state entity -- and thus, was not a "person" subject to suit under the FCA -- and likewise held that employee's FCA retaliation claim was barred by sovereign immunity, providing a victory in the latest round of FCA scrutiny impacting higher ed institutions (discussed here and here).
Contacts
Insights
Client Alert | 5 min read | 10.08.25
California’s AI Transparency Act (CAITA) May be Amended to Regulate Social Media Platforms
Last year, the California General Assembly passed the California AI Transparency Act (CAITA), which Governor Gavin Newsom signed into law on September 19, 2024, and goes into effect on January 1, 2026. This may change because this year, the same General Assembly passed AB 853, an amendment to CAITA with potentially far-reaching implications.
Client Alert | 6 min read | 10.08.25
Hacker No Fly Zone: FAA and TSA Propose Cybersecurity Rules for Drone Ecosystem
Client Alert | 6 min read | 10.08.25
NetChoice, LLC v. Bonta: What the Ninth Circuit’s Ruling Could Mean for Online Speech Regulation
Client Alert | 11 min read | 10.08.25