The Tenth Circuit’s recent decision in United States ex rel. Little v. Triumph Gear Sys., Inc. refines its definition of “intervene” in light of the Supreme Court’s decision in United States ex rel. Eisenstein v. City of New York. In doing so, the Tenth Circuit also seems to indicate that the original filing... Continue Reading →Tags: bar, False Claims Act, FCA, jurisdiction, original source, public disclosure
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
Several FCA opinions have been issued since the last FCA Update. The most interesting is a District of Nevada case, US ex rel Guardiola v Renown Health. Renown Health was the parent company for two other corporate defendants that provided acute health care services. The relator was Renown’s Director of Clinical Compliance. She... Continue Reading →Tags: 2010, AstraZeneca, Bristo-Myers Squibb, direct and independent, direct knowledge, False Claims, FCA, Guardiola, independent knowledge, jurisdiction, original source, public disclosure, RAC, Renown, Schumann
From October 1 through October 12, 2014, there were 14 federal cases reported that mentioned the False Claims Act. One was previously discussed in the September 2014 FCA Update. Eight more only tangentially discussed the False Claims Act. Five cases might be of interest to parties and counsel in a False... Continue Reading →Tags: attorney, Boeing, Cephalon, Cestra, conspiracy, deposition, FAA, False Claims Act, FCA, first to file, fraud with particularity, Graves, individual defendants, jurisdiction, Kelly, May, Plaza Medical Centers, privilege, Purdue Pharma, regulatory compliance, Serco, Smith, specific claims
US ex rel Cestra v Cephalon Case No. 14-01842 (E.D.Penn. Oct. 9, 2014) In considering a first-to-file challenge to jurisdiction, the court compared the other relator’s complaint to the instant relator’s initial complaint, not his subsequently amended complaint, as the original complaint offers the facts at the time the second... Continue Reading →Tags: Cephalon, Cestra, False Claims Act, FCA, first to file, jurisdiction, timing
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