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

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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 →

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

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 →

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

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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 →

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Seventh Circuit: “Information and Belief” Insufficient under 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 →

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Seventh Circuit: E-Rate Suit Survives Public Disclosure Bar

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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 →

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Case Dismissed!

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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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