Kristin Graham Koehler, Joshua J. Fougere, Tyler J. Domino, Author at False Claims Act Blog

About Joshua J. Fougere

Washington, D.C.

Entries by Joshua J. Fougere

18 03 '24

When the Best Defense May Be a Good Offense: False Claims Act Counterclaims

March 18, 2024/in 11th Circuit, Counterclaims, Rule 12(b)(6)/by Joshua J. Fougere

A recent opinion from the Northern District of Georgia reminds False Claims Act defendants about a potentially powerful tool at their disposal—counterclaims. In United States ex rel. Cooley v. ERMI, […]

03 04 '23

Sixth Circuit Adopts Limited Definition of AKS “Remuneration,” Robust Standard for Causation in AKS Qui Tams

April 3, 2023/in 6th Circuit, Anti-Kickback Statute, Causation/by Joshua J. Fougere

On March 28, 2023, the Sixth Circuit issued a notable decision rejecting broad theories from DOJ and relators about (1) the definition of remuneration under the Anti-Kickback Statute (AKS) and […]