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Results: 1-10 of 12

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

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

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

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

The False Claims Act provides that private persons who bring actions on behalf of the U.S. Government, called relators, file their complaints under seal

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 affirms dismissal of relators' FCA action against educational institution and awards attorneys' fees against relator for filing a frivolous appeal

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

Relators, Mary Beth Pilecki-Simko and Tom Giunta, sued The Chubb Institute (“TCI”) and TCI’s corporate parents, The Chubb Corporation (“TCC”) and High-Tech Institute, Inc., alleging that TCI made misrepresentations to the Department of Education to obtain student financial aid in the form of loans and grants from the federal government

Iowa district court holds FERA is not retroactive in U.S. v. Hawley

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 24 2011

In two prior posts, we reported on a case which an insurance company was deemed subject to liability under the False Claims Act even when it did not directly submit claims to the federal government

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

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

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

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

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