Welcome to The Legal Brief Blog. Here, John Libby covers interesting and crucial developments in commercial law, healthcare litigation, and arbitration.

Libby's Insights

Anti-Kickback/Stark, False Claims Act

FCA Case Spotlight: District of Massachusetts Finds Insufficient Evidence of Remuneration or Willfulness in Janssen’s Infusion-Suite Support Programs

False Claims Act

FCA Case Spotlight: An Indiana Federal Court Holds That Medicaid’s Failure to Recoup Contractor-Flagged Overpayments Does Not Defeat Materiality at the Pleading Stage

Dispute Resolution, False Claims Act

FCA Case Spotlight: The Ninth Circuit Holds That a $200 Million HUD Compliance Agreement Was Not an “Alternate Remedy” and Affirms a $38.3 Million Qui Tam Settlement

Arbitration, Payor-Provider Disputes

Payor-Provider Alert: District Courts Turn Away Insurer Challenges to No Surprises Act Awards, and Three Circuits Will Decide Whether the Door Stays Shut

Payor-Provider Disputes

Payor-Provider Case Spotlight: The Third and Ninth Circuits Draw ERISA’s Preemption Line Between the Verification Call and the EOB

Administrative Procedure Act, Payor-Provider Disputes

Payor-Provider Alert: The Fifth Circuit Holds En Banc What Can and Can’t Be Included in the No Surprises Act’s Qualifying Payment Amount

Arbitration, Payor-Provider Disputes

Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards

Arbitration

Arbitration Alert: Five Faces of Finality

Administrative Procedure Act, Anti-Kickback/Stark

Healthcare Case Spotlight: The D.C. Circuit Joins the Broad Reading of the Anti-Kickback Statute — and Strikes OIG’s Advisory-Opinion Timing Rules

Arbitration

Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients

340B, False Claims Act

FCA Case Spotlight: The Ninth Circuit Revives a 340B Covered Entity’s False Claims Act Suit Against Four Drug Manufacturers

False Claims Act

FCA Alert: The Eleventh Circuit Rejects the Appointments Clause Challenge to Qui Tam — and Remands Two Constitutional Questions

340B

340B Alert: The Battle Over Contract Pharmacies

False Claims Act

FCA Cases – Quarterly Summary by FCA Section (2026 Q2)

False Claims Act

FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1)

False Claims Act

FCA Case Spotlight: FCA Scienter After Schutte — Sheldon v. Allergan & White v. Gainwell

False Claims Act

FCA Case Spotlight: United States ex rel. Kyer v. Thomas Health System, Inc.

Welcome to The Legal Brief Blog. Here, John Libby covers interesting and crucial developments in commercial law, healthcare litigation, and arbitration.

Libby's Insights

FCA Case Spotlight: District of Massachusetts Finds Insufficient Evidence of Remuneration or Willfulness in Janssen’s Infusion-Suite Support Programs

FCA Case Spotlight: An Indiana Federal Court Holds That Medicaid’s Failure to Recoup Contractor-Flagged Overpayments Does Not Defeat Materiality at the Pleading Stage

FCA Case Spotlight: The Ninth Circuit Holds That a $200 Million HUD Compliance Agreement Was Not an “Alternate Remedy” and Affirms a $38.3 Million Qui Tam Settlement

Payor-Provider Alert: District Courts Turn Away Insurer Challenges to No Surprises Act Awards, and Three Circuits Will Decide Whether the Door Stays Shut

Payor-Provider Case Spotlight: The Third and Ninth Circuits Draw ERISA’s Preemption Line Between the Verification Call and the EOB

Payor-Provider Alert: The Fifth Circuit Holds En Banc What Can and Can’t Be Included in the No Surprises Act’s Qualifying Payment Amount

Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards

Arbitration Alert: Five Faces of Finality

Healthcare Case Spotlight: The D.C. Circuit Joins the Broad Reading of the Anti-Kickback Statute — and Strikes OIG’s Advisory-Opinion Timing Rules

Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients

FCA Case Spotlight: The Ninth Circuit Revives a 340B Covered Entity’s False Claims Act Suit Against Four Drug Manufacturers

FCA Alert: The Eleventh Circuit Rejects the Appointments Clause Challenge to Qui Tam — and Remands Two Constitutional Questions

340B Alert: The Battle Over Contract Pharmacies

FCA Cases – Quarterly Summary by FCA Section (2026 Q2)

FCA Cases – Quarterly Summary by FCA Section (2025 Q3 – 2026 Q1)

FCA Case Spotlight: FCA Scienter After Schutte — Sheldon v. Allergan & White v. Gainwell

FCA Case Spotlight: United States ex rel. Kyer v. Thomas Health System, Inc.

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