Summary Judgment Granted!

Posted on March 6, 2007 in Case Analysis

In an interesting case, a whistleblower stipulated to the Defendant’s Motion for Summary Judgment, in effect agreeing that the Court could dismiss his False Claims Act case against a hospital as unsupported by the facts. In U.S. ex rel. Camillo v. Kenneth Hall Regional Hospital, a case set in East... Continue Reading →

Tags: Camillo, dismissed, East St. Louis, False Claims Act, qui tam, summary judgment, whistleblower

FISHING LICENSES DENIED: DEVELOPING TREND IN FALSE CLAIMS ACT LITIGATION

Posted on December 2, 2005 in Legal Updates

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)

Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

On April 7, 2004, we told you about the Northern District of Illinois’ dismissal of a whistleblower’s case against Catholic Health Partners. On July 6, 2005, the Seventh Circuit Court of Appeals affirmed the dismissal with prejudice. The appellate court found that the whistleblower did not show that any action... Continue Reading →

Tags: dismissal, False Claims Act, fraud with particularity, jurisdiction, material, materiality, motion to dismiss, original source, qui tam, relator, Rule 9(b), whistleblower

Supreme Court Rejects Whistleblower Appeal

Posted on January 10, 2005 in Case Analysis

Today the United States Supreme Court refused to hear the appeal of an Alabama whistleblower in a case against a hospital in Mobile. We first told you about the case when it was dismissed by the trial court. It was an unusual case to reach all the way to the... Continue Reading →

Tags: certiorari, denied, dismissed, False Claims Act, fraud with particularity, materiality, qui tam, relator, whistleblower

Affirmed!

Posted on August 25, 2004 in Case Analysis

In January we told you about the dismissal of a whistleblower’s lawsuit against a hospital in Mobile, Alabama. The Eleventh Circuit Court of Appeals, in Atlanta, Georgia, affirmed the dismissal today, finding that the whistleblower’s claim lacked the required specificity and that his suspicions, even if proven true, would not... Continue Reading →

Tags: 11th Circuit, affirmed, alabama, Atlanta, dismissed, False Claims Act, Mobile, qui tam, relator, whistleblower

Case Dismissed!

Posted on April 7, 2004 in Case Analysis

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... Continue Reading →

Tags: dismissed, False Claims Act, FCA, fraud with particulariy, Gross, Northern District of Illinois, original source, public disclosure, Rule 9(b), Seventh Circuit, subject matter jurisdiction

Dismissed!

Posted on January 28, 2004 in Case Analysis

A lawsuit brought under the False Claims Act by a whistleblower was dismissed with prejudice by the Federal Court in Mobile, Alabama. The Court found that the whistleblower’s claims failed for two different reasons. First, he only made general allegations and could not point to a single actual claim that was improperly submitted... Continue Reading →

Tags: alabama, dismissed, False Claims Act, materiality, prejudice, qui tam, relator, whistleblower