‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
(U.S. Supreme Court, filed January 26, 2016): Arguing that false certification claims should not be subject to the False Claims Act and that the Supreme Court should help reign in the rampant FCA abuse occurring in the courts.
The Court remanded case back to lower court but held that “[T]he implied false certification theory can be a basis for liability, at least where two conditions are satisfied: first, the claim does not merely request payment, but also makes specific representations about the goods or services provided; and second, the defendant’s failure to disclose noncompliance with material statutory, regulatory or contractual requirements makes those representations half truths”. The Court went on to say that, “the False Claims Act liability for failing to disclose violations of legal requirements does not turn upon whether those requirements were expressly designated as conditions of payment. . . [N]ot every violation of such a requirement gives rise to liability.” The materiality requirement was intended to be “rigorous” and “demanding.” Case was decided on June 15, 2016.
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Law Firms Spent $168M+ on 2.2M Ads in Georgia
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems