IN DEPTH LOOK AT DAMAGES AND LIABILITY
How Statistical Sampling is Going to be Used in Damages Calculations and Determining Liability, and Discussion of Rejection of ‘Actual Loss’ Measure of Damages

January 30, 2017 2:15pm

Lawrence Sher
Partner
Reed Smith LLP (Washington, DC)

Stefan Boedeker
Managing Director
Berkeley Research Group LLC (Los Angeles)

Marlan Wilbanks
Senior Partner
Wilbanks & Gouinlock (Atlanta, GA)

  • How the Government and Qui Tam plaintiffs are increasingly using statistical sampling and extrapolation to establish liability and damages in FCA cases
  • Analysis of United States ex. rel. Michaels v Agape Senior Community; United States ex. rel. Paradies et al. v AseraCare; United States ex rel. Wall v. Vista Hospice Care; and other cases in 2016 which pave the way for clearer guidance on use of statistical sampling
  • Strategies for challenging the Government’s (or Qui Tam plaintiffs’) use of statistical sampling in FCA Cases
  • Rejection of Government’s damages measure in United States ex. rel. Wall v Circle C Construction: will this limit prosecutors’ power to equate damages to actual loss?