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Tide Is Turning Against FCA Case Dismissals

By Michael J. Podberesky, 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-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Employing his…

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-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. 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 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 currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Private equity firms, their platforms, healthcare providers, and health insurance companies regularly look to David for guidance in positioning disputes favorably and litigation avoidance, responding to and addressing Government…

David currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group. Private equity firms, their platforms, healthcare providers, and health insurance companies regularly look to David for guidance in positioning disputes favorably and litigation avoidance, responding to and addressing Government investigations, and handling active litigation in a manner that carefully considers the clients’ business objectives.

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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 and Regulatory, Government and Public Policy
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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