False Claims Act
The Litigation Center plays an active role in using amicus briefs to present the views of the business community in litigation under the federal False Claims Act (“FCA”) and state false-claims laws, which are subject to abuse that can have serious adverse impacts on companies in a wide range of industries.
We frequently urge courts to enforce appropriate limits on false claims liability by applying proper standards for scienter, falsity, materiality, the public disclosure bar, and calculating damages. We have filed amicus briefs in support of the government’s authority to dismiss qui tam suits over relators’ objections. And we have encouraged courts to enforce proper limits on relators’ ability to rely on inferences from statistical analyses to allege fraud.