Edward T. Kang, with Kang Haggerty. Courtesy photo Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue
A smart and tactical choice of venue can set the stage for victory, and in a False Claims Act case, that choice may make all the difference.
November 10, 2022 at 12:33 PM
8 minute read
Litigation
In battles throughout history, the consensus is that the best place to station an army is on the "high ground." While there are no swords or horses in the courtroom, plaintiffs still seek the "high ground" venue for their cases. A smart choice of venue has favorable precedent, established standards for issues of law pivotal to the claim, and a good history of allowing actions to reach trial. In False Claims Act (FCA) actions, this choice of venue can mean the difference between winning or losing a case. A central aspect of any FCA claim is whether the misrepresentation or fraudulent action taken by the party receiving government money is "material" to the receipt of the money. Therefore, in FCA actions, materiality can make a venue either a sunlight hilltop that vaunts a plaintiff (relator) to success, or a muddy bog that forces a relator to succumb and withdrawal from the fight.
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