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Mississippi court denies government's attempted "fishing expedition"

Kelley Drye & Warren LLP
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USA
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October 22 2010

In a case where the government is alleging violations of the False Claims Act and the Anti-Kickback Statute, a Northern District of Mississippi Court rejected the government's attempt to engage in a "fishing expedition" to support allegations of "unknown wrongs" against "unnamed entities."

Insurance company not liable for reverse false claim

Kelley Drye & Warren LLP
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USA
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October 26 2010

The Court of Appeals for the Ninth Circuit held that an insurance company was not liable under the False Claims Act for initially contesting coverage for the relator's surgery while Medicare paid the hospital in the interim

D. Mass grants Rule 9(b) motion to dismiss in medical device case

Kelley Drye & Warren LLP
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USA
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December 21 2010

Last week we reported on the denial of Orthofix’s motion to dismiss the complaint of the relator, Jeffrey Bierman, on Rule 9(b) grounds in United States ex rel. Bierman v. Orthofix International, N.V. et al., Civil Action Nos. 05-10557-EFH, 08-11336-JLT, 2010 WL 4973635 (D. Mass

Massachusetts court dismisses relator's complaint alleging false statements in research grant application

Kelley Drye & Warren LLP
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USA
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November 15 2010

The District of Massachusetts dismissed an action under the False Claims Act brought by Dr. Kenneth James Jones, the “relator,” against Brigham and Women’s Hospital, Massachusetts General Hospital, and a couple of scientists, alleging that they submitted a grant application containing allegedly false statements to the National Institute on Aging, an organization under the National Institutes of Health, requesting funding for research relating to Alzheimer’s Disease

Court in Southern District of New York dismisses relator's False Claims Act complaint because no law or regulation prohibited hospital's billing method

Kelley Drye & Warren LLP
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USA
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April 13 2011

A former independent consultant to Beth Israel Medical Center ("BIMC"), Cleuza Colucci, brought a False Claims Act action against the hospital, alleging that it billed for and received inflated Medicare payments by purchasing Kings Highway and Doctors Hospital and then taking advantage of rate increases resulting from consolidation with BIMC for purposes of billing Medicare

Georgia district court dismisses FCA claim based on a theory of promissory fraud

Kelley Drye & Warren LLP
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USA
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April 7 2011

After being fired as its CEO, Angela Parato filed a False Claims Act action against her former employer, Unadilla Health Care Center, Inc. (UnaHealth

Amgen seeks Supreme Court review of implied certification theory of liability under the False Claims Act

Kelley Drye & Warren LLP
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USA
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October 6 2011

The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false”

NJ appellate court holds that NJ False Claims Act cannot reach conduct occurring before March 2008

Kelley Drye & Warren LLP
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USA
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October 12 2011

The New Jersey Appellate Division for the Superior Court, Mercer County, recently held that the New Jersey False Claims Act, N.J.S.A. 2A:32C1 to 15 and N.J.S.A. 2A:32C17 to 18, which was enacted on January 1, 2008 and made effective on March 13, 2008, does not apply retroactively to allegedly false claims submitted prior to the statute’s effective date

Relators run the risk that complaints in voluntarily dismissed cases may be unsealed

Kelley Drye & Warren LLP
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USA
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October 21 2011

Earlier this week we reported on a case in the U.S. District Court for the District of Columbia in which the court unsealed a relator's complaint after the relator voluntarily dismissed it, holding that "the rationale behind sealing FCA cases is to allow the United States ample time to investigate the allegations, and the FCA does not contain any language that suggests the purpose of sealing a case is to protect the relator’s identity.”

Par files complaint against the Government claiming that FDA's off-label marketing regulations violate the First Amendment

Kelley Drye & Warren LLP
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USA
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October 27 2011

Par filed a Complaint for Declaratory and Injunctive Relief against the United States, the U.S. Food & Drug Administration (FDA), the Commissioner of the FDA, and the Secretary of the Department of Health & Human Services seeking a declaratory judgment that the application of FDA off-label marketing regulations to Par’s marketing of Magace ES violates the First Amendment

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