After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’ petition to appeal the district court’s ruling that statistical sampling was not an appropriate means of demonstrating liability, the Fourth Circuit ultimately declined to decide the issue in United States ex rel. Michaels v. Agape Senior Community Inc., because it was not a “pure question of law” and, therefore, not appropriate for interlocutory review. Thus, the Fourth Circuit dismissed the relator’s appeal regarding statistical sampling as “improvidently granted.”
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