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Can a manufacturer be held liable under the False Claims Act if it delivers defective medical devices to the government?

Kelley Drye & Warren LLP
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USA
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November 17 2010

Since the mid-late 1990s, plaintiffs have been testing the limits of the False Claims Act in health care litigation and have been asserting increasingly creative and far-fetched theories of liability against drug and device companies for various types of alleged conduct, including deceptive marketing practices, off-label marketing, failure to pay the appropriate Medicaid rebate, and inflated published prices

Supreme Court to decide whether FOIA response is a public disclosure under the FCA (part II of II)

Kelley Drye & Warren LLP
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USA
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March 8 2011

This is Part II of our post on Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888, a case in which the U.S. Supreme Court heard oral argument last week

D.C. district court dismisses FCA case against contractor under Rule 9(b)

Kelley Drye & Warren LLP
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USA
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January 26 2011

On January 11, 2011, a District of Columbia district court dismissed with prejudice a False Claims Act case against a government contractor under Rule 9(b) in a relator-only action

Federal district court in Texas orders government to disclose facts concerning closed criminal investigation in civil FCA action

Kelley Drye & Warren LLP
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USA
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March 23 2011

In civil False Claims Act cases in which the government has intervened, the government will often try to shield some documents from discovery based on a variety of privileges, including privileges generally asserted only by government agencies, such as the investigatory law enforcement privilege, the joint prosecutorial privilege, and the deliberative process privilege

U.S. Supreme Court holds FCA's public disclosure bar prohibits relators from basing FCA lawsuits on information obtained in response to FOIA requests

Kelley Drye & Warren LLP
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USA
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May 16 2011

On May 16, 2011, in a 5-3 split, the United States Supreme Court issued an opinion in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 concerning the public disclosure bar of the False Claims Act

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (part I)

Kelley Drye & Warren LLP
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USA
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July 31 2011

The False Claims Act does not define what types of claims are “false.”

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (Part II)

Kelley Drye & Warren LLP
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USA
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August 1 2011

In United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011), the relator, a former regional sales manager for Blackstone Medical, Inc., filed a qui tam action against the medical device manufacturer alleging that it violated the federal FCA

Which public disclosure bar applies?

Kelley Drye & Warren LLP
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USA
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February 2 2012

A recent case from the District of Massachusetts raises an interesting question under the False Claims Act’s public disclosure bar

Seventh Circuit reverses dismissal based on public disclosure bar

Kelley Drye & Warren LLP
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USA
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February 28 2011

On February 18, 2011, the Seventh Circuit issued a decision concerning the pre-PPACA version of the public disclosure bar under the False Claims Act

Supreme Court to decide whether FOIA response is a public disclosure under the FCA (Part I of II)

Kelley Drye & Warren LLP
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USA
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March 3 2011

On March 1, 2011, the United States Supreme Court heard oral argument in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-1888