Ripping the Veil Off the Government’s Qui Tam Investigations

Posted on May 15, 2018 in Case Analysis, Government Intervention, Materiality, Seal

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Written by: David B. Honig

On May 10, 2018, United States Senior District Judge for the Central District of Illinois, Joe Billy McDade, issued an order that should form the template for all courts asked to keep the Government’s False Claims Act extension motions under seal.[1] Far too often courts simply grant the Government’s ex... Continue Reading →

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“CONSTRUCTIVE DISCHARGE” RETALIATION CLAIMS UNDER THE FALSE CLAIMS ACT: WHAT FORM OF INTENT MUST THE EMPLOYER HAVE?

Posted on April 30, 2018 in Employment

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Written by: Jonathon Rabin

A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In... Continue Reading →

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A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

Posted on April 30, 2018 in Case Analysis, Government Intervention, Statute of Limitations

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Written by: Matt Schappa

On April 11, 2018, the Eleventh Circuit Court of Appeals split from the Fourth and Tenth Circuits when it issued an order effectively granting relators in qui tam actions an additional three years to file. The court ruled that § 3731(b)(2)’s three-year limitation, which has traditionally only been applied when... Continue Reading →

The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

Posted on January 22, 2018 in Case Analysis, Rule 12(b)(6), Rule 9(b)

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Written by: David B. Honig

In United States ex rel. Schneider v. JPMorgan Chase Bank, Nat’l Ass’n. [1], the D.C. Circuit re-affirms its position that contingent penalties are not obligations under the False Claims Act (“FCA”). BACKGROUND In the initial suit[2], Relator brought a qui tam action under the FCA against mortgage loan servicer JPMorgan... Continue Reading →

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Government Traps, Zaps and Zingers

Posted on January 15, 2018 in Legal Updates, Materiality

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Written by: David B. Honig

In an opinion loaded with linguistic hooks, the United States District Court for the Middle District of Florida recently reinforced the Supreme Court’s holding in Escobar, enthusiastically highlighting the importance of materiality and scienter in FCA cases. Background In U.S. ex rel. Ruckh v. Salus Rehabilitation, LLC, et al., Relators... Continue Reading →

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Second Circuit Falls in Line for FCA Pleading Requirements

Posted on October 9, 2017 in False Certification, Legal Updates, Materiality

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Written by: David B. Honig

On September 7, 2017, the Second Circuit realigned its stance on false certifications under the False Claims Act (“FCA”) in light of the Supreme Court’s decisions in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016). BACKGROUND In the initial action, relators brought a qui... Continue Reading →

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Tenth Circuit Questions Its Previous Decision Defining “Intervene” in Light of Supreme Court Decision and Further Qualifies Public Disclosure Bar

Posted on September 25, 2017 in Case Analysis, Original Source, Public Disclosure Bar

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Written by: David B. Honig

The Tenth Circuit’s recent decision in United States ex rel. Little v. Triumph Gear Sys., Inc. refines its definition of “intervene” in light of the Supreme Court’s decision in United States ex rel. Eisenstein v. City of New York. In doing so, the Tenth Circuit also seems to indicate that the original filing... Continue Reading →

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Department of Justice Announces $42 Million Settlement for Alleged False Claims Act Violations

Posted on August 11, 2017 in Anti-Kickback Statute, Case Analysis, Settlement, Stark Act, Statutes and Regulations

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Written by: Drew B. Howk

Recently, the Department of Justice (“DOJ”) announced it had entered into a $42 million settlement (“Settlement”)[1] with the owners of a California acute care hospital (“Parent Company”) to resolve allegations that the Parent Company had violated the False Claims Act by submitting false claims to Medicare and MediCal (California Medicaid)... Continue Reading →

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Seventh Circuit: Whistleblowers Cannot Build FCA Claims upon Public Information and Speculation

Posted on August 10, 2017 in Case Analysis, Public Disclosure Bar

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Written by: Drew B. Howk

The public disclosure bar remains one of the most important tools for disposing of False Claims Act (“FCA”) claims. The Seventh Circuit’s recent decision in United States ex rel. Bellevue v. United Health Services of Hartgrove, Inc. clarified the effect of the 2010 amendments to the public disclosure bar and affirmed... Continue Reading →

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The False Claims Act and Indian Tribes: To What Extent Does Sovereign Immunity Protect Tribes and Their Business Activities?

Posted on May 19, 2017 in Case Analysis

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Written by: Adele Merenstein

Executive Summary: Dahlstrom v. Sauk-Suiattle Indian Tribe, No. C16-0053JLR, 2017 WL 1064399 (W.D. Wash. Mar. 21, 2017) On March 21, 2017, a federal judge agreed with the Sauk-Suiattle Indian tribe (the “Sauk-Suiattle” or the “Tribe”) that it could not be sued under the federal False Claims Act (“FCA”) due to... Continue Reading →

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