U.S. ex rel. Stewart v. The Louisiana Clinic

Posted on June 21, 2012 in Case Cites

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2002 WL 1066745 (E.D.La. Case No. Civ.A. 99-1767, May 28, 2002). The False Claims Act whistleblower attempted to identify fraudulent schemes with enough detail to meet Fed.R.Civ.P. Rule 9(b)’s requirement that all averments of fraud be plead “with particularity.” However, his complaint identified actions taken by “the defendants,” and did... Continue Reading →

Tags: False Claims Act, FCA, fraud with particularity, Rule 9(b), Stewart, The Louisiana Clinic

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United States ex rel. Tucker v. Nayak

Posted on June 21, 2012 in Case Cites

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2008 WL 907432, *2 (S.D.Ill. Case No. 06-CV-662-JPG, April 2, 2008) The FCA whistleblower moved to amend her complaint. The Defendant, Dr. Nayak, objected, arguing that amendment was futile as the amendment still failed to plead with the particularity required by Fed.R.Civ.P. 9(b). The Court, reviewing the proposed amended complaint,... Continue Reading →

Tags: David Honig, False Claims Act, FCA, fraud with particularity, Hall Render, Nayak, Rule 9(b)

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U.S. ex rel. Fowler v. Caremark RX, L.L.C.

Posted on June 21, 2012 in Case Cites

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496 F.3d 730, (7th Cir. 2007), cert. denied 552 U.S. 1183, 128 S.Ct. 1246, 170 L.Ed.2d 66, 76 USLW 3316, 76 USLW 3437, 76 USLW 3439 (U.S. Feb 19, 2008), overruled on other grounds, Glaser v. Wound Care Consultants, Inc., 570 F.3d 907, 910 (7th Cir. 2009). The Court rules that to... Continue Reading →

Tags: claim, False Claims Act, FCA, fraud with particularity, individualized transaction, Rule 9(b)

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Ackerman v. Northwestern Mut. Life Ins. Co.

Posted on June 21, 2012 in Case Cites

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172 F.3d 467, cert. denied 528 U.S. 874, 120 S.Ct. 178, 145 L.Ed.2d 151, 68 USLW 3080, 68 USLW 3196, 68 USLW 3228 (U.S. Oct 04, 1999). The purpose of Federal Rules of Civil Procedure Rule 9(b), which requires that fraud be plead “with particularity,” is not, as some say, to give... Continue Reading →

Tags: Fed.R.Civ.P., Federal Rules of Civil Procedure, fraud, fraud with particularity, Rule 9(b)

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February FCA Update

Posted on March 13, 2012 in Legal Updates

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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: advisory opinion, Aggregate Industries, Bell Constructors, Boggs, Bright Smile, caselaw, False Claims Act, fraud with particularity, Harrington, Klein, Klusmeier, law, legal, Matheny, Medco, OIG, qui tam, relator, retaliation, update, whistleblower

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FISHING LICENSES DENIED: DEVELOPING TREND IN FALSE CLAIMS ACT LITIGATION

Posted on December 2, 2005 in Legal Updates

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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: discovery, False Claims Act, fraud with particularity, limit, Rule 9(b)

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Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

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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: dismissal, False Claims Act, fraud with particularity, jurisdiction, material, materiality, motion to dismiss, original source, qui tam, relator, Rule 9(b), whistleblower

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Supreme Court Rejects Whistleblower Appeal

Posted on January 10, 2005 in Case Analysis

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Today the United States Supreme Court refused to hear the appeal of an Alabama whistleblower in a case against a hospital in Mobile. We first told you about the case when it was dismissed by the trial court. It was an unusual case to reach all the way to the... Continue Reading →

Tags: certiorari, denied, dismissed, False Claims Act, fraud with particularity, materiality, qui tam, relator, whistleblower

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