Photo of Alisha A. Johnson

Alisha Johnson advises clients on health care compliance, transactions and litigation matters. Previously, Alisha served as a law clerk to the Honorable Eric L. Clay of the US Court of Appeals for the Sixth Circuit and to the Honorable S. James Otero of the US District Court for the Central District of California. In these roles, she drafted opinions and orders in civil and criminal matters, including orders on motions to dismiss, motions for summary judgment and motions in limineRead Alisha Johnson's full bio.

In light of the rising civil monetary penalties under the False Claims Act (FCA) and the looming threat of bank-breaking treble damages, avenues to dismissal are paramount to defendants operating in industries vulnerable to FCA claims, including health care. The United States Supreme Court’s unanimous decision in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, issued on December 6, 2016, narrows the path for one such avenue.

In Rigsby, the Supreme Court closed the door on what would have been a powerful tool for defendants facing qui tam complaints brought under the FCA: mandatory dismissal based on a relator’s violation of the 60-day seal requirement. The Court did not, however, foreclose dismissal as a possible sanction against relators who violate the seal‑requirements.


Continue Reading