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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.”

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