February FCA Update

0
February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel.... Continue Reading →

Tags: , , , , , , , , , , , , , , , , , , , ,


False Claims Act Update, January 2012

0
January, 2012, saw two different examples of the Government using the False Claims Act to bring a gun to a knife fight. In the first case the gun won the day. In the second, it backfired. Both cases were brought in the U.S. Court of Federal Claims and in both... Continue Reading →

Tags: , , , , , , , , ,


False Claims Act Update, December 2011

0
What must a successful FCA defendant show to collect attorney’s fees under the Equal Access to Justic Act? Can an error by the government create an FCA violation by a defendant relying upon the government’s acts? Does Vermont Agency of Natural Resources v. US ex rel. Stevens apply to FCA... Continue Reading →

Tags: , , , , , , , , , , , , , , , , , , , , , ,


False Claims Act Update, November 2011

0
Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force... Continue Reading →

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,


False Claims Act Update, October 2011

0
A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if... Continue Reading →

Tags: , , , , , , , , , , , , ,


UPDATED – Retention of Overpayments under FERA and the ACA

0
The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type... Continue Reading →

Tags: , , , , , , ,


Summary Judgment Granted!

0
The Federal District Court in the Southern District of Illinois granted summary judgment against a whistleblower, and in favor of the Defendant, in a case filed against an Effingham, Illinois urologist. The whistleblower alleged the doctor billed for services provided by his staff, under his supervision, when he was not... Continue Reading →

Tags: , , , , , , , , , ,



FISHING LICENSES DENIED: DEVELOPING TREND IN FALSE CLAIMS ACT LITIGATION

0
I.          Introduction A clear trend is emerging in False Claims Act cases to limit qui tam relators’ discovery to the specific allegations found in their complaints.  This represents a sea change in the way these cases proceed, and makes the False Claims Act far less attractive to plaintiffs’ attorneys.  ... Continue Reading →

Tags: , , , ,


Dismissal Affirmed!

0
On April 7, 2004, we told you about the Northern District of Illinois’ dismissal of a whistleblower’s case against Catholic Health Partners. On July 6, 2005, the Seventh Circuit Court of Appeals affirmed the dismissal with prejudice. The appellate court found that the whistleblower did not show that any action... Continue Reading →

Tags: , , , , , , , , , , ,