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Results: 1-10 of 28

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

Third Circuit Court of Appeals recognizes implied false certification theory of liability

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 13 2011

In a False Claims Act case against United Health Group and its subsidiaries, alleging violations of Medicare marketing regulations and the Anti-Kickback Statute, 42 U.S.C. 1320a-7b ("AKS"), the Third Circuit joined with the Second, Sixth, Ninth, Tenth, Eleventh, and District of Columbia Circuits in recognizing that there can be implied false certification liability under the FCA

District of Massachusetts court allows FCA action premised on violations of anti-kickback statute to continue

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 22 2011

Two relators, Bernard Lisitza and David Kammerer, filed separate False Claims Act qui tam actions against Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Johnson & Johnson Health Care System (collectively, “J & J”

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

U.S. Supreme Court upholds Affordable Care Act: significant aspects of Affordable Care Act for generic pharmaceutical companies

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 29 2012

On June 28, 2012, the U.S. Supreme Court upheld the Patient Protection and Affordable Care Act (Pub. L. 111-148

Fourth Circuit holds False Claims Act seal provisions do not violate the First Amendment and separation of powers

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 30 2011

Since 1986, the False Claims Act has required qui tam relators, who file FCA lawsuits on behalf of the Government, to file the complaints secretly

11th Circuit affirms dismissal of FCA claims against Lockheed Martin regarding allegedly defective coatings on F-22 stealth aircraft

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 7 2011

Former senior engineer at Lockheed Martin Corp., Darrol Olsen, filed a False Claims Act lawsuit against Lockheed, alleging that Lockheed used inferior and defective coatings on F22 aircraft

Tennessee court holds self-reporting to government does not bar relator action

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 9 2010

The federal court in the Western District of Tennessee, a court in the Sixth Circuit, held as a matter of first impression that self-reporting to the government of failures to comply with federal law does not constitute a "public disclosure" which could bar a lawsuit brought by a relator under the False Claims Act