Lex Machina is proud to release its 2021 False Claims Litigation Report, which examines False Claims litigation trends in federal district court. This report focuses on the five-year period from 2016 to 2020 and surveys emerging trends in case filings (including Qui Tam and Healthcare case filings), timing, damages, and findings.

Key Trends and Highlights:

  • Since 2014, the number of False Claims case filings demonstrated a general but steady downward trend then fell more sharply after 2017. There are backdated False Claims cases that are currently sealed, and as they are unsealed, they will cause recent years’ filing numbers of False Claims cases to increase.
  • The Middle District of Florida had the most False Claims cases filed between 2016 and 2020 with 191 cases. In addition, judges from the Middle District of Florida occupied eight spots on the most active judges list.
  • The most active plaintiffs’ law firm in the same five-year period was Phillips & Cohen with 38 cases in 24 districts. The most active defendants’ law firm was Morgan Lewis & Bockius with 29 cases in 19 districts.
  • The most active plaintiff was the United States who filed 1,621 cases in 92 districts, followed by the State of California who filed 167 cases in 31 districts.
  • Johnson & Johnson and McKesson Corporation were the two most active defendants, both of whom appeared in 36 cases in nine districts.
  • As False Claims cases require particularity under Rule 9(b), a large number of these cases resolved with a judgment on the pleadings when the plaintiff failed to meet this requirement.
  • False Claims cases had a large number of findings on consent, as defendants often agree to consent judgments in cases filed or intervened by a government plaintiff.

View our infographic.

Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report may help readers examine who to pursue as clients, how long a matter may take, or when to settle. This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.

Lex Machina hosted a webcast to discuss the report on October 28, 2021 with Brenna Jenny (Partner at Sidley), Laurence Freedman (Partner at Mintz), and Ellen Chen (author of the report and Legal Data Expert at Lex Machina), with moderator Neil Magenheim (Director of Client Relations at Lex Machina). View a recording of the webcast.

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