Civil Litigation,
Government,
Contracts
May 17, 2018
Statistical sampling lowers bar for plaintiffs in false claims cases
Despite high stakes and legal issues that have long been well defined, the courts are far from reaching consensus as to when statistical reasoning can take the place of direct evidence of false claims.
Robert T. Rhoad
Partner
Sheppard Mullin Richter & Hampton LLP
Robert is in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.
Matthew W. Turetzky
Associate
The Norton Law Firm PC
Email: MTuretzky@nortonlaw.com
Duke Univ SOL; Durham NC
Matthew is in the Government Contracts, Investigations and International Trade Practice Group in the firm's San Francisco office.
Sean M. Cuddihy
Associate
Sheppard Mullin Richter & Hampton LLP
Sean is in the Corporate Practice Group and the Healthcare Industry Team in the firm's Washington, D.C. office.
Statistical sampling is always a hot topic in False Claims Act litigation. Courts have allowed statistical extrapolation from samples of claims to determine damages in cases where FCA liability was already established. See United States v. Cabrera-Diaz, 106 F. Supp. 2d 234 (D.P.R. 2000) (involving default judgment against defendants); United States v. Rogan, 517 F. 3d 449 (7th Cir. 2008) (allowing "[s]tatistical ...
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