“I refute it thus.” The FCA and “Valueless” Damages Claims

Posted on February 10, 2016 in Damages, False Certification, Statutes and Regulations, Worthless Services

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Some court decisions are so marvelous, so great at cutting through all the legal argument and theoretical absurdity, that they deserve to be quoted at length. On February 4, 2016, the Hon. Raymond M. Kethledge of the Sixth Circuit Court of Appeals wrote just such an opinion. What follows is the first... Continue Reading →

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Boilerplate Litigation and the False Claims Act

Posted on February 19, 2015 in Litigation Handbook

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Written by David B. Honig and Delphine P. O’Rourke Assertion of affirmative defenses creates risk for clients, attorneys and law firms.  Treating False Claims Act litigation like any other litigation will lead to the unnecessary expenditure of time and money and potentially sanctions. A recent decision out of the Southern District of Texas, United States ex rel. King v Solvay... Continue Reading →

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Relator’s Damages and Documentation Theories Rejected in Halifax

Posted on July 4, 2014 in Case Analysis, Conditions of Participation, Damages, Regulatory Noncompliance

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This week a Court in the Middle District of Florida dealt a blow to a whistleblower’s allegations of fraud in U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center ruling that: (1) the Relator is barred from recovering damages even if it can prove its allegations and (2) the Relator is... Continue Reading →

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