Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

Posted on October 21, 2016 in Discovery, Rule 12(b)(6)

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In United States of America and the State of Florida, ex rel. Bingham v. HCA, Inc., the employee of a medical office building management firm filed suit against a national health care system in the U.S. District Court for the Southern District of Florida. The lawsuit included allegations relating to... Continue Reading →

Tags: discovery, False Claims Act, FCA, motion to dismiss

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D.C. Circuit: Compliance Investigations Are Privileged

Posted on June 28, 2014 in Case Analysis, Discovery, Privilege

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Yesterday, the D.C. Circuit issued a much-anticipated decision regarding whether or not internal compliance investigations were privileged. Two recent lower court decisions had ruled that such compliance investigations were not privileged because they were for business rather than legal purposes. The D.C. Circuit disagreed and found that such compliance investigations... Continue Reading →

Tags: compliance, D.C. Circuit, discovery, internal investigation, privilege

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FISHING LICENSES DENIED: DEVELOPING TREND IN FALSE CLAIMS ACT LITIGATION

Posted on December 2, 2005 in Legal Updates

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I.          Introduction A clear trend is emerging in False Claims Act cases to limit qui tam relators’ discovery to the specific allegations found in their complaints.  This represents a sea change in the way these cases proceed, and makes the False Claims Act far less attractive to plaintiffs’ attorneys.  ... Continue Reading →

Tags: discovery, False Claims Act, fraud with particularity, limit, Rule 9(b)

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