UPDATED – Retention of Overpayments under FERA and the ACA

Posted on January 6, 2011 in Legal Updates

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The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type... Continue Reading →

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Summary Judgment Granted!

Posted on June 15, 2009 in Case Analysis

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The Federal District Court in the Southern District of Illinois granted summary judgment against a whistleblower, and in favor of the Defendant, in a case filed against an Effingham, Illinois urologist. The whistleblower alleged the doctor billed for services provided by his staff, under his supervision, when he was not... Continue Reading →

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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 →

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Dismissal Affirmed!

Posted on July 6, 2005 in Case Analysis

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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 →

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Affirmed!

Posted on August 25, 2004 in Case Analysis

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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 →

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Case Dismissed!

Posted on April 7, 2004 in Case Analysis

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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 →

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Dismissed!

Posted on January 28, 2004 in Case Analysis

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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 →

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