Seventh Circuit: Whistleblowers Cannot Build FCA Claims upon Public Information and Speculation

Posted on August 10, 2017 in Case Analysis, Public Disclosure Bar

The public disclosure bar remains one of the most important tools for disposing of False Claims Act (“FCA”) claims. The Seventh Circuit’s recent decision in United States ex rel. Bellevue v. United Health Services of Hartgrove, Inc. clarified the effect of the 2010 amendments to the public disclosure bar and affirmed... Continue Reading →

Tags: FCA, qui tam, Seventh Circuit, whistleblower

New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

Posted on June 18, 2015 in Case Analysis, Conditions of Participation, False Certification, Public Disclosure Bar, Rule 9(b)

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can... Continue Reading →

Tags: 7th Cir, conditions of participation, False Claims Act, FCA, implied certification, Nelson, original source, PPA, public disclosure, Sanford-Brown, Seventh Circuit

N.D. Ill.: Upcoding Allegations Against Hospitalist Group Survive Motion to Dismiss

Posted on February 24, 2015 in Case Analysis, E&M Coding, Litigation Handbook, Rule 9(b)

A recent case out of the Northern District of Illinois Federal Court, US ex rel. Oughatiyan v. IPC the Hospitalist Company, Inc., demonstrates the high risk inherent in evaluation and management (E&M) coding for health care providers.... Continue Reading →

Tags: 9(b), E&M, evaluation and management, False Claims Act, FCA, hospitalist, Illinois, IPC, Northern District of Illinois, Oughatiyan, Seventh Circuit

Seventh Circuit: “Information and Belief” Insufficient under 9(b)

Posted on December 4, 2014 in Anti-Kickback Statute, Case Analysis, Litigation Handbook, Rule 9(b)

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase with clarity and... Continue Reading →

Tags: 7th Circuit, 9(b), dismissal, Illinois, motion to dismiss, particularity, pleading, Posner, Seventh Circuit

Seventh Circuit: E-Rate Suit Survives Public Disclosure Bar

Posted on July 29, 2014 in Case Analysis, Public Disclosure Bar

The Seventh Circuit reversed a district court’s decision finding that it lacked jurisdiction over a whistleblower’s claim under the False Claim Act’s public disclosure bar. In U.S. ex rel. Heath v. Wisconsin Bell, Inc., the Court held that even though the Complaint relied in part upon publicly available information, the... Continue Reading →

Tags: E-Rate, FCC, public disclosure, Seventh Circuit, Wisconsin

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