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Tide Is Turning Against FCA Case Dismissals

By Michael J. Podberesky, Todd R. Steggerda, John S. Moran, David Pivnick & Cassandra M. Burns on July 29, 2021
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According to a July 28 article in Law360 by McGuireWoods lawyers Michael J. Podberesky, John S. Moran, Todd R. Steggerda, David Pivnick and Cassandra M. Burns, the U.S. Supreme Court’s recent decision declining to review an appeal of a Seventh Circuit case that could have resolved a three-way circuit split regarding the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals.

Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Todd R. Steggerda Todd R. Steggerda

Todd Steggerda is Chair of the firm’s Government Investigations and White Collar Litigation department, which was recently recognized by Law360 as a Practice Group of the Year. In a dynamic practice spanning nearly 20 years in Washington, Todd has resolved a diverse range…

Todd Steggerda is Chair of the firm’s Government Investigations and White Collar Litigation department, which was recently recognized by Law360 as a Practice Group of the Year. In a dynamic practice spanning nearly 20 years in Washington, Todd has resolved a diverse range of high-stakes government investigations and regulatory enforcement matters for companies operating in the defense, national security, technology, healthcare and other sectors, including dozens of matters investigated by the civil and criminal divisions of the Department of Justice and the Department of Defense. Todd previously served as Chief Counsel to a Presidential Campaign.

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Photo of John S. Moran John S. Moran

John Moran is a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department. A former senior official at the U.S. Department of Justice (DOJ) and the White House and an experienced litigator and counselor, John draws on his broad…

John Moran is a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department. A former senior official at the U.S. Department of Justice (DOJ) and the White House and an experienced litigator and counselor, John draws on his broad experience from private practice and government service to advise and represent clients in government enforcement, congressional investigations, high-stakes civil disputes, and regulatory litigation. He also serves as co-chair of the firm’s Congressional Investigations practice, representing both companies and individuals in congressional investigations and hearings and is a member of the firm’s Appeals & Issues group.

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Photo of David Pivnick David Pivnick

David‘s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country, including hospitals, ambulatory surgery centers, pharmaceutical manufacturers, and medical device manufacturers, in a variety of matters involving managed care issues…

David‘s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country, including hospitals, ambulatory surgery centers, pharmaceutical manufacturers, and medical device manufacturers, in a variety of matters involving managed care issues, contract law, restrictive covenants, trade secrets, injunctive relief, the False Claims Act, unfair competition, partnership disputes, and products liability. David has also provided clients with guidance on compliance issues and conducted internal investigations relating to compliance and other issues.

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Photo of Cassandra M. Burns Cassandra M. Burns

Cassie’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. Cassie represents and advises clients throughout the country in a variety of matters involving the False Claims Act, payor-provider disputes, and contract disputes. Cassie’s representation stems across all components…

Cassie’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. Cassie represents and advises clients throughout the country in a variety of matters involving the False Claims Act, payor-provider disputes, and contract disputes. Cassie’s representation stems across all components of litigation and pre-litigation activities.

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  • Posted in:
    Administrative, Corporate & Commercial
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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