One Is Not Enough: Court Clarifies Whistleblower’s Burden in High Volume FCA Action

Posted on April 7, 2020 in FCA

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The Southern District of Indiana recently held that a whistleblower must present sufficient evidence to support each alleged false claim, not just one, to survive summary judgment.[1] This holding is a win for FCA defendants that deal in a high volume of claims submitted to the government—like hospitals—and requires whistleblowers to identify... Continue Reading →

Tags: Calderon, False Claims Act, FCA, pleading, summary judgment

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US ex rel. Smith v. Boeing Co.

Posted on October 14, 2014 in Case Cites

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US ex rel Smith v Boeing Case No. 05-1073-MLB (D.Kansas Oct. 8, 2014) The court granted Boeing’s motion for summary judgment, finding that there were reasonable conflicting interpretations of the contract’s requirements, undermining any claim of knowing false certification, and that the FAA had specifically investigated and rejected Relator’s interpretations.... Continue Reading →

Tags: Boeing, expertise, FAA, False Claims Act, FCA, interpretations, Regulations, Smith, summary judgment

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US ex rel. Kelly v. Serco, Inc.

Posted on October 14, 2014 in Case Cites

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US ex rel Kelly v Serco Case no. 11cv2975 /WQH-RBB (S.D.Cal. Oct. 6, 2014) Relator alleged the Defendant failed to follow government time and cost reporting requirements. The court found that Defendant impliedly certified compliance with certain regulations. However, the court found that the regulations, which applied to the Department... Continue Reading →

Tags: Department of Defense, Department of Homeland Security, False Claims Act, FCA, implied certification, Kelly, Regulations, Serco, summary judgment

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Relator’s Damages and Documentation Theories Rejected in Halifax

Posted on July 4, 2014 in Case Analysis, Conditions of Participation, Damages, Regulatory Noncompliance

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This week a Court in the Middle District of Florida dealt a blow to a whistleblower’s allegations of fraud in U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center ruling that: (1) the Relator is barred from recovering damages even if it can prove its allegations and (2) the Relator is... Continue Reading →

Tags: condition of participation, condition of payment, Damages, District Court, Eleventh Circuit, Florida, summary judgment

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Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims

Posted on April 2, 2013 in Case Analysis, Conditions of Participation

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By David B. Honig and Andrew B. Howk In U.S. v. MedQuest, the Sixth Circuit held that violations by a provider of conditions of participation in Medicare were insufficient as a matter of law to “trigger the hefty fines and penalties created by the FCA.” This case was a reaffirmation... Continue Reading →

Tags: 6th Circuit, condition of participation, condition of payment, Dalse C, express false certification, false certification, False Claims Act, FCA, implies certification, MedQuest, sixth Circuit, summary judgment

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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 →

Tags: dismissal, dismissed, Effingham, False Claims Act, Illinois, qui tam, relator, southern district, summary judgment, urologist, whistleblower

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Summary Judgment Granted!

Posted on March 6, 2007 in Case Analysis

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In an interesting case, a whistleblower stipulated to the Defendant’s Motion for Summary Judgment, in effect agreeing that the Court could dismiss his False Claims Act case against a hospital as unsupported by the facts. In U.S. ex rel. Camillo v. Kenneth Hall Regional Hospital, a case set in East... Continue Reading →

Tags: Camillo, dismissed, East St. Louis, False Claims Act, qui tam, summary judgment, whistleblower

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