False Claims Act Litigation

Our lawyers have been litigating False Claims Act (“FCA”) cases for more than four decades and have amassed extensive expertise in this specialized area of the law.

Robbins Russell has handled False Claims Act (“FCA”) matters from the investigative stage through trial and appeal, regularly interacting with the Department of Justice and governmental agencies to achieve exceptional results for our clients.  Our lawyers have deep experience litigating under the FCA:  We argued the landmark Escobar case before the United States Supreme Court, and we were the first to take the defense of an FCA “whistleblower” retaliation case to trial—and win.

Our lawyers have successfully disposed of numerous FCA actions at the motions stage, to say nothing of the countless “silent” victories in which we persuaded the Department of Justice not to pursue FCA claims against our clients in the first place.  We have represented clients from a variety of industries, including hospitals, healthcare companies, defense contractors, computer manufacturers, construction companies, and insurance companies.

Our recent and notable work in this area includes:

  • Universal Health Services, Inc. v. U.S. ex rel. Escobar– Presented oral argument before the United States Supreme Court on behalf of contractor challenging the implied certification doctrine, obtaining seminal decision now used by countless FCA defendants;
  • S. ex rel. Lewis v. Community Health Systems, Inc. – Won dismissal of lawsuit alleging that hospital company received more than $385 million in incentive payments under government program promoting adoption of electronic health record technology in hospitals;
  • In re Health Management Associates, Inc.– Negotiated global criminal, civil, and administrative settlement for major hospital system in multi-district litigation that resolved nine FCA actions relating to allegations of kickbacks and improper inpatient admissions;
  • In re Community Health Systems, Inc. – Negotiated settlement of seven related qui tam actions alleging improper inpatient admissions through Emergency Department;
  • S. ex rel. Danielides v. Northrop Grumman Corp.– Won summary judgment for defense contractor in FCA lawsuit involving pricing and contract interpretation allegations;
  • S. ex rel. Cooper v. Pottstown Hospital Corp., et al.– Won dismissal of action involving allegations of improper hospital-physician relationship;
  • S. ex rel. McCollum v. Jacobs Engineering Group – Won summary judgment in FCA retaliation lawsuit involving federal construction project;
  • S. ex rel. Hansen v. Deming Hospital Corp., et al. – Won dismissal for hospital of FCA allegations of improper laboratory procedures and charging;
  • S. ex rel. Gage v. Northrop Grumman Space and Mission Systems, Inc., et al. – Won dismissal for defense contractor of FCA lawsuit alleging use of substandard aircraft parts.

Robbins Russell Insights:

Digging Into FCA Stats: Part 3 – Litigation’s Return On Investment, Law360 (2021)

Digging Into FCA Stats: Part 2 – A Decade of Litigation Trends, Law360 (2021)

Digging Into FCA Stats, Part 1: In-House Litigation Budget Insights, Law360 (2021)

FCA Questions That High Court May Address Next Term, Law360 Expert Analysis (2018)