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
- 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?