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Andrew T. VanEgmond

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Andrew VanEgmond is a Member in Dykema's Ann Arbor office. His practice focuses on automotive class actions, antitrust, products liability, employment litigation, evictions, health care matters, and other complex litigation. His research and drafting skills are central to his Dykema teams’ briefing and client advice.

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In June 2023, the Supreme Court issued two opinions interpreting the False Claims Act (FCA)—U.S. ex rel. Schutte v. SuperValu, Inc., (June 1, 2023), U.S. ex rel. Proctor v. Safeway, Inc. (June 1, 2023), and U.S. ex rel. Polansky v. Executive Health Resources, Inc. (June 16, 2023).In the Supervalu/Safeway decision, which was an important victory for relators, the Court reinforced that the focus is on the subjective knowledge of a defendant for the scienter component of the FCA. In Polansky, the Court, in a ruling beneficial to defendants, held that the Government may dismiss an FCA action when it intervenes, even after the unsealing of the FCA complaint. Each decision also contains discussion about the scope of the FCA, and its statutory interpretations, which will surely lead to future challenges.…

Continue Reading Figuring Out the FCA: Supreme Court Issues Two Decisions

On June 17, the Supreme Court rejected another court challenge to the Affordable Care Act (“ACA”), holding that the plaintiffs lacked standing to challenge its minimum essential coverage provisions. For the third time, the Supreme Court upheld the ACA. More than a decade after the ACA was enacted, the long and winding road of ACA challenges may be over and healthcare industry participants may finally be able to rely on the ACA as settled law moving forward.…

Continue Reading Supreme Court Rejects Third Challenge To Affordable Care Act