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

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.