Law360
Tyson Provides Road Map For Use Of Sampling In FCA Cases
March 31, 2016
The circumstances under which statistical sampling can be used in order to establish liability in False Claims Act cases remains a controversial issue. Defendants argue that sampling results in a “trial by formula” that can result in ruinous liability based on evidence relating to a relatively small number of claims, while the U.S. Department of Justice and relators’ counsel argue that statistical sampling is an accepted form of evidence, and that limiting its use in FCA cases would have the perverse effect of immunizing the largest frauds from the full scope of liability.
Contacts
Capabilities
Suggested News & Insights
Strictly Enforcing Rule 9(b), Second Circuit Affirms Dismissal of FCA Claim Based on Allegedly Defective Medical DevicesMarch 4, 2026Court Grants Motion to Dismiss FCA Claim for Failure Adequately to Plead ScienterMarch 3, 2026TX AG’s Office Continues Aggressive Enforcement Against Healthcare Entities Operating in TexasFebruary 25, 2026DAAG Brenna Jenny Warns Heightened FCA Enforcement Is “The New Normal,” Addresses Enforcement Priorities and PoliciesFebruary 20, 2026DAAG Jenny Reinforces Commitment to FCA Enforcement Premised on “Unlawful DEI”February 20, 2026DOJ Attorneys Underscore Heightened Focus on Trade Fraud During the Annual Qui Tam ConferenceFebruary 19, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
