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
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?