Posted on April 7, 2004 in Case Analysis
Written by: David B. Honig
On April 7, 2004, the District Court for the Northern District of Illinois dismissed a whistleblower’s complaint against Catholic Health Alliance and other Defendants.
The Court never even needed to consider the allegations behind the whistleblower’s lawsuit. The case against Catholic Health Alliance was dismissed because the whistleblower was not the “original source” of the claim. Instead, he just copied his complaint from a letter from the FDA. The Court ruled it lacked jurisdiction and dismissed the whistleblower’s Complaint.
The Court also threw out the whistleblower’s claim of “conspiracy,” finding it was no more than a claim that the Defendants’ did not report each other’s actions. Not only did the Court find that the actions themselves could not constitute a violatino of the False Claims Act, it also found that individual inaction could not constitute a conspiracy.
The entire case against all Defendants was dismissed with prejudice.
Catholic Health Alliance was represented by N. Kent Smith and David B. Honig, of Hall, Render, Killian, Heath & Lyman.
For more information, please contact David B. Honig at firstname.lastname@example.org or (317) 977-1447.