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Results: 1-10 of 28

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
  • -
  • USA
  • -
  • 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

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

Kansas district court requires relators to produce documents withheld as work product

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 1 2011

In United States ex rel. Minge v. TECT Aerospace, Inc. et al., Case No. 07-1212-MLB, Relators filed a False Claims Act lawsuit on behalf of the United States against defense contractors, alleging that the defendants manufactured aircraft parts with a “defective process” and were liable under the FCA for violations of express and implied certifications

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

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

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

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”

Can a qui tam relator prosecute a False Claims Act case pro se?

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • April 19 2011

Qui tam relators cannot prosecute False Claims Act cases pro se after the United States declines to intervene, says the District Court in Nebraska in dismissing the relator's FCA claim

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

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

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