False Claims Act Update

1
Appellate Court Cases Three appellate-level FCA cases were reported in January and February 2013. Only one, U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., 1 was selected for publication. All three cases addressed Rule 9(b)’s requirement that allegations of fraud be lead “with particularity.” The cases, read together,... Continue Reading →

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


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, 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: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,


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: , , , , , , , , , ,



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: , , , , , , , , , , ,



Affirmed!

0
In January we told you about the dismissal of a whistleblower’s lawsuit against a hospital in Mobile, Alabama. The Eleventh Circuit Court of Appeals, in Atlanta, Georgia, affirmed the dismissal today, finding that the whistleblower’s claim lacked the required specificity and that his suspicions, even if proven true, would not... Continue Reading →

Tags: , , , , , , , , ,


Dismissed!

0
A lawsuit brought under the False Claims Act by a whistleblower was dismissed with prejudice by the Federal Court in Mobile, Alabama. The Court found that the whistleblower’s claims failed for two different reasons. First, he only made general allegations and could not point to a single actual claim that was improperly submitted... Continue Reading →

Tags: , , , , , , ,