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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

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

Kelley Drye & Warren LLP
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USA
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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

False Claims Act judgment against ConAgra reversed

Kelley Drye & Warren LLP
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USA
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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

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

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

Kelley Drye & Warren LLP
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USA
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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

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

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

Defendant wins False Claims Act trial after the government kills $8.9m settlement agreement negotiated by relator; affirmed by fourth circuit

Kelley Drye & Warren LLP
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USA
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April 29 2011

In United States ex rel. Ubl v. IIF Data Solutions, Case No. 09-2280, 2011 WL 1474783 (4th Cir. 2011), the Fourth Circuit affirmed a verdict for a defendant in a False Claims Act trial in a case where the Government declined to intervene and held the following: (1) the district court properly refused to enforce a settlement agreement; (2) the district court correctly admitted “government knowledge” evidence at trial; and (3) the district court erred in awarding attorneys’ fees to the defendant

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

Kelley Drye & Warren LLP
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USA
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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”

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