Safe Harbors Less Safe in Ohio

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In a new case from the Southern District of Ohio, US_v_MillenniumRadiology, the court denied a motion to dismiss a False Claims Act suit, finding that compliance with a safe harbor could only be raised on summary judgment. The court also found that uncompensated service as a medical director could form the basis... Continue Reading →

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Last Week in the FCA

From October 1 through October 12, 2014, there were 14 federal cases reported that mentioned the False Claims Act. One was previously discussed in the September 2014 FCA Update. Eight more only tangentially discussed the False Claims Act. Five cases might be of interest to parties and counsel in a False... Continue Reading →

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U.S. ex rel. Graves v. Plaza Medical Centers Corp.

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US ex rel Graves v Plaza Medical Centers Corp Case No. 10-23382-CIV-MORENO (S.D.Fla. Oct. 8, 2014) Defendants filed a Motion to Dismiss for failure to plead fraud with particularity. The trial court dismissed without prejudice, finding: While Relator alleged specific conduct as to 28 patients, it did not offer a... Continue Reading →

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US ex rel. Smith v. Boeing Co.

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US ex rel Smith v Boeing Case No. 05-1073-MLB (D.Kansas Oct. 8, 2014) The court granted Boeing’s motion for summary judgment, finding that there were reasonable conflicting interpretations of the contract’s requirements, undermining any claim of knowing false certification, and that the FAA had specifically investigated and rejected Relator’s interpretations.... Continue Reading →

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US ex rel. Kelly v. Serco, Inc.

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US ex rel Kelly v Serco Case no. 11cv2975 /WQH-RBB (S.D.Cal. Oct. 6, 2014) Relator alleged the Defendant failed to follow government time and cost reporting requirements. The court found that Defendant impliedly certified compliance with certain regulations. However, the court found that the regulations, which applied to the Department... Continue Reading →

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US ex rel. Cestra v. Cephalon, Inc.

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US ex rel Cestra v Cephalon Case No. 14-01842 (E.D.Penn. Oct. 9, 2014) In considering a first-to-file challenge to jurisdiction, the court compared the other relator’s complaint to the instant relator’s initial complaint, not his subsequently amended complaint, as the original complaint offers the facts at the time the second... Continue Reading →

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September 2014 FCA Update

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Only one FCA case of interest was decided by a U.S. Circuit Court in September. In US ex rel Parikh v Brown, the Court found that a county hospital and its administrator’s participation in a “simple, brazen kickback scheme” could not be shielded by qualified immunity. The hospital and its administrator... Continue Reading →

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False Claims Act Update, May 2013

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Three new FCA cases of interest were reported in the last few weeks. One was discussed previously on FCADefense.com in Toumey Loses Stark/FCA Case Again by Drew Howk. Another, Ulysses, Inc. v. United States 1 is yet another example of the growing trend of failed FCA counter-claims by the Government in response... Continue Reading →

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Retained Overpayments Change the FCA Ball Game

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— False Claims Act defense attorneys have been warning government contractors, particularly Medicare and Medicaid providers, of increased risks and a reduced ability to defend against whistleblower complaints since the passage of the Fraud Enforcement Recovery Act of 2009 (“FERA”). The greatest risk comes from FERA’s addition of a new... Continue Reading →

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