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
The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.²... Continue Reading →Tags: Delaware, Express Scripts, Fifth Circuit, Morgan, New Jersey, original source, Pennsylvania, public disclosure bar, sixth Circuit, Third Circuit
A clearly irate Fifth Circuit Court of Appeals reversed summary judgment granted on behalf of Shell Exploration and Development Company, for the second time, and remanded with an order that the case be assigned to a new judge.... Continue Reading →Tags: bar, Fifth Circuit, jurisdiction, Little, public disclosure, Shell
Only one FCA case of interest was decided by a U.S. Circuit Court in September. In US ex rel Parikh v Brown, the Court found that a county hospital and its administrator’s participation in a “simple, brazen kickback scheme” could not be shielded by qualified immunity. The hospital and its administrator... Continue Reading →Tags: AKS, Anti-Kickback, Brown, False Claims Act, FCA, Fifth Circuit, Parikh, qualified immunity, Stark
The Fifth Circuit rejected the government’s attempt to expand the FCA’s reach to include non-government funds overseen by a non-governmental entity simply because the government had the ability to exert a modicum of control over the entity.... Continue Reading →Tags: 12(b)(6), Fifth Circuit, government contractor, motion to dismiss, qui tam, Texas, whistleblower