An Oct. 14 holding by the 5th U.S. Circuit Court of Appeals is a mixed bag for plaintiffs in qui tam litigation, which is brought by private parties to recover for wrongs allegedly committed against the federal government.

In United States, ex rel. Russell v. Epic Healthcare Mgmt Group, which involved allegations that Houston health care providers submitted Medicare bills for services not performed, the court tackled an unresolved issue in qui tam cases.

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