False Claims Act Alert: Fourth Circuit Punts on Sampling and Extrapolation

Yesterday, the Fourth Circuit Court of Appeals ruled in the interlocutory appeal in United States ex rel. Michaels v. Agape Senior Community, Inc.. In an opinion considering two significant questions arising under the qui tam provisions of the False Claims Act, the court (1) upheld the government’s right to exercise an unreviewable veto over a proposed settlement despite having declined to intervene in the qui tam action; and (2) refrained from expressing any view as to whether relators could rely on statistical sampling to establish liability and damages.

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