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: AKS, Anti-Kickback Statute, False Claims Act, FCA, Fifth Circuit, Northern District of Georgia, qui tam, Southern District of Texas, Vaughn ex rel. v. United Biologics, Voluntary Dismissal with Prejudice, whistleblower
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 →Tags: AKS, Anti-Kickback Statute, False Claims Act, FCA, hospital, Medical Director, radiology, safe harbor