Federal Court Reinforces Government’s Right to Dismiss FCA Actions over Whistleblower Objection

0
The Eastern District of Texas affirmed the Government’s right to dismiss FCA actions over a whistleblower’s objections. The Court joined held that the Government may dismiss claims to avoid the costs of extended litigation. The United States Declined to Intervene Health Choice Alliance, LLC filed an FCA action alleging that... Continue Reading →

Tags: ,


Tenth Circuit: Escobar’s Rigorous Materiality and Knowledge Requirements Must Be Met

0
In a recent case out of Kansas, the Tenth Circuit reiterated the importance of the FCA’s materiality and knowledge requirements that the Supreme Court set forth in Escobar:   FCA claims must satisfy materiality and knowledge requirements—both of which are rigorous and strictly enforced.   A whistleblower must prove knowledge... Continue Reading →

The Granston Memo’s Effect: The DOJ is Dismissing Meritless and Frivolous Actions

0
The DOJ plans to dismiss eleven FCA lawsuits involving the new theory that patient assistance services supplied by drugmakers are unlawful kickbacks.[1] These lawsuits were brought by shell company whistleblowers backed by the National Healthcare Analysis Group (NHCA), a company that specializes in generating FCA cases. The eleven cases were essentially... Continue Reading →

Tags: , , , , , , , , ,


Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

0
The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background... Continue Reading →

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



A Horse for a Different Course: Fourth Circuit Declines to Apply 60-Day Rule to Medicare Secondary Payer Act

0
Most health care providers caring for federal health care program beneficiaries are familiar with the False Claims Act [1] (“FCA”) and its qui tam provision,[2] which grants private citizens the right to sue health care providers on behalf of the federal government. The seemingly routine 6+ figure FCA settlements garner... Continue Reading →

Ripping the Veil Off the Government’s Qui Tam Investigations

0
On May 10, 2018, United States Senior District Judge for the Central District of Illinois, Joe Billy McDade, issued an order that should form the template for all courts asked to keep the Government’s False Claims Act extension motions under seal.[1] Far too often courts simply grant the Government’s ex... Continue Reading →

Tags: , , , , , ,


“CONSTRUCTIVE DISCHARGE” RETALIATION CLAIMS UNDER THE FALSE CLAIMS ACT: WHAT FORM OF INTENT MUST THE EMPLOYER HAVE?

0
A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In... Continue Reading →

Tags:


A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

On April 11, 2018, the Eleventh Circuit Court of Appeals split from the Fourth and Tenth Circuits when it issued an order effectively granting relators in qui tam actions an additional three years to file. The court ruled that § 3731(b)(2)’s three-year limitation, which has traditionally only been applied when... Continue Reading →

The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

0
In United States ex rel. Schneider v. JPMorgan Chase Bank, Nat’l Ass’n. [1], the D.C. Circuit re-affirms its position that contingent penalties are not obligations under the False Claims Act (“FCA”). BACKGROUND In the initial suit[2], Relator brought a qui tam action under the FCA against mortgage loan servicer JPMorgan... Continue Reading →

Tags: , , , ,