“I refute it thus.” The FCA and “Valueless” Damages Claims

Some court decisions are so marvelous, so great at cutting through all the legal argument and theoretical absurdity, that they deserve to be quoted at length. On February 4, 2016, the Hon. Raymond M. Kethledge of the Sixth Circuit Court of Appeals wrote just such an opinion. What follows is the first... Continue Reading →

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Katherine A. Kuchan, R.N., J.D.

Katherine A. Kuchan, R.N. Hall, Render, Killian, Heath & Lyman, P.C. 111 East Kilbourn Avenue Suite 1300 Milwaukee, WI 53202 Phone: (414) 721-0479 Fax: (414) 721-0491 Email: kkuchan@hallrender.com vCard: Download vCard Biography Katherine Kuchan, a nurse and Shareholder in the firm, provides legal counsel to hospital systems, individual hospitals, inpatient rehabilitation facilities,... Continue Reading →

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J. Patrick Garcia

Hall, Render, Killian, Heath & Lyman, P.C. 180 Admiral Cochrane Drive Suite 370 Annapolis, MD 21404 Phone: (443) 951-7043 Email: pgarcia@hallrender.com vCard: Download vCard Biography Patrick Garcia regularly advises clients on regulatory and compliance issues with a particular focus on fraud and abuse laws, including Anti-Kickback, Stark, and False Claims... Continue Reading →

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Benjamin A. Waters

Hall, Render, Killian, Heath & Lyman, LLP Six Tower Bridge 181 Washington Street, Suite 400 Conshohocken, PA 19428 Phone: (484) 532-5672 Fax: (484) 532-5669 Email: bwaters@hallrender.com vCard: Download vCard Biography Mr. Waters brings unique insight to a client’s FCA litigation decisions based on his background representing relators. He has represented... Continue Reading →

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Ritu Kaur Cooper

Hall, Render, Killian, Heath & Lyman, P.C. 1425 K Street, NW Suite 650 Washington, D.C. 20005 Phone: (202) 370-9584 Fax: (202) 370-9589 Email: rcooper@hallrender.com vCard: Download vCard Biography Ritu Kaur Cooper is a shareholder in Hall Render’s health counsel section. Her practice consists of representing health care providers such as... Continue Reading →

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The 60-Day Vulture Comes Home to Roost

In a judicial opinion certain to rock the provider world, Judge Edgardo Ramos of the Federal District Court for the Southern District of New York denied a New York Health System’s (“Health System”) motion to dismiss the U.S.’s and New York State’s complaints in intervention under the federal False Claims... Continue Reading →

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The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury

A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel... Continue Reading →

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New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can... Continue Reading →

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FCA Cases Just Got Harder to Settle

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension... Continue Reading →

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Another Circuit Rules on the Public Disclosure Bar

Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar.... Continue Reading →

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