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Results: 1-10 of 30

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.”


NJ appellate court holds that NJ False Claims Act cannot reach conduct occurring before March 2008
  • Kelley Drye & Warren LLP
  • USA
  • October 12 2011

The New Jersey Appellate Division for the Superior Court, Mercer County, recently held that the New Jersey False Claims Act, N.J.S.A. 2A:32C1 to 15 and N.J.S.A. 2A:32C17 to 18, which was enacted on January 1, 2008 and made effective on March 13, 2008, does not apply retroactively to allegedly false claims submitted prior to the statute’s effective date


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”


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


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


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


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


Insurance company not liable for reverse false claim
  • Kelley Drye & Warren LLP
  • USA
  • 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


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


E.D.N.Y. court allows government to contact Amgen employees outside the presence of Amgen's counsel
  • Kelley Drye & Warren LLP
  • USA
  • July 20 2011

Amgen alleged that government lawyers violated Rule 4.2 of the New York Code of Professional Responsibility by communicating with present and former Amgen employees in connection with a grand jury proceeding and False Claims Act qui tam litigation