Judge erred in weighing factors for qui tam case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 26, 2023 11:22 AM

Reinstating a qui tam case against Care Alternatives Inc. that involved a hospice provider allegedly submitting false certifications to the federal government, the 3rd U.S. Circuit Court of Appeals explained that the district judge erred in giving “dispositive weight” to a single factor in what should have been a “holistic” three-factor analysis of materiality.The third factor provided by the Supreme Court for ascertaining whether a misrepresentation was material under the False Claims Act is whether the government …

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