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Results: 1-10 of 28

Mississippi court denies government's attempted "fishing expedition"

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • 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."

Court grants government's request to dismiss FCA case against defendants without deep pockets regarding off-label use of Celexa

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 14 2011

Relator, Linda Nicholson, brought a False Claims Act lawsuit against a retired psychologist, a non-profit shelter for adolescent children, and a family-owned pharmacy for allegedly submitting claims to Medicaid for the drug Celexa which were not eligible for reimbursement because the drug was allegedly intended for off-label use

State attorneys general ramp up mortgage fraud investigations

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • May 26 2011

Earlier this month, we reported that the U.S. Attorney in the Southern District of New York filed a billion dollar False Claims Act lawsuit against Deutsche Bank and its subsidiary MortgageIT for alleged mortgage fraud during last decade’s housing bubble

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

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • 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

False Claims Act judgment against ConAgra reversed

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 29 2010

Former employee, Ali Bahrani, filed a False Claims Act lawsuit against ConAgra, alleging that ConAgra altered thousands of meat and hide export certificates issued by the United States Department of Agriculture (USDA) to avoid paying fees charged by the USDA for replacement certificates

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

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • 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

New York Court of Appeals decision could give added life to "life settlements" industry

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 22 2010

On November 17, 2010, New York's highest court, the Court of Appeals, issued a 5-2 decision in Kramer v. Phoenix Life Insurance Company

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

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • 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

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
  • -
  • USA
  • -
  • 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

9th Circuit applies Iqbal's plausibility requirement to FCA case

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • September 20 2011

Mary Cafasso, a former employee of General Dynamics C4 Systems (“GDC4”), brought a False Claims Act case against her former employer after her job was eliminated following corporate restructuring