Arent Fox’s Linda Baumann Interviewed by Bloomberg BNA on False Claims Act Ruling

Linda noted that  the Supreme Court decision in this case was “well-reasoned and one part of the holding will be welcomed by the health care industry.” In particular, the part of the decision holding that the Wartime Suspension of Limitations Act applies only to criminal offenses “will be a tremendous relief to health care providers and others facing allegations under the civil False Claims Act” since numerous FCA settlements “already run into the hundreds of millions of dollars and an expanded statute of limitations likely would have led to even larger” amounts. 

She also comments that the part of the holding related to the first-to-file bar “increases the risk that defendants in FCA cases will face potential exposure from multiple parties over extended periods of time.” However, Linda notes that language in the Supreme Court opinion likely indicates  that the Court realizes some of the problems “inherent in the FCA and might be willing to address more of them if an appropriate case is before them.”

To read the full article from Bloomberg BNA, click here.