Am I my competitor’s keeper? Alabama’s highest court holds brandname prescription drug manufacturer liable for claims on a generic drug used by the plaintiff *

USA - February 5 2013
The Supreme Court of Alabama recently held that "[u]nder Alabama law, a brand-name drug company may be held liable for fraud or misrepresentation (by…

Co-authors: William H. Kitchens.

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Federal court issues preliminary injunction preserving Medicaid home care services for New York residents *

USA - September 10 2012
The United States District Court for the Southern District of New York recently granted a preliminary injunction in favor of a putative class of Medicaid beneficiaries that will preserve their access to 24-hour continuous home care services.

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When is qui tam False Claims Act litigation “based upon” prior public disclosure and who qualifies as “original source” of information? *

USA - June 12 2012
Two U.S. Courts of Appeal—the Seventh Circuit and the DC Circuit—have recently addressed related issues that arise when qui tam relators pursue False Claims Act (FCA) litigation following the public disclosure of facts related to the alleged false claims—a factor that may bar the claim.

Co-authors: Aaron M. Danzig.

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FCA prohibits qui tam suits based upon prior public disclosure of allegations or transactions unless relator is original source *

USA - June 12 2012
The FCA prohibits the knowing submission of false or fraudulent claims for payment to the United States government and imposes fines and treble damages to punish offenders.

Co-authors: Aaron M. Danzig.

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EMTALA case update *

USA - June 11 2012
Provided below is an overview of three federal court decisions regarding the Emergency Medical Treatment and Labor Act (EMTALA).

Co-authors: Aaron M. Danzig.

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