United States Fourth Circuit

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US ex rel. Michaels v. Agape Senior Community, Inc., 15-2145

In a qui tam action under the False Claims Act (FCA), alleging that defendant fraudulently billed Medicare and other federal health care programs for services to thousands of patients -- services that were not actually provided, or that were provided to patients who were not eligible for them -- the district court's certification of both its statistical sampling and unreviewable veto rulings for these interlocutory appeals, under 28 U.S.C. section 1292(b), are: 1) affirmed as to the unreviewable veto ruling; and 2) dismissed as to the statistical sampling ruling where the appeal was improvidently granted.

Appellate Information

  • Decided
  • Published 2017/02/14


  • KING


  • United States Fourth Circuit


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