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Results: 1-10 of 30

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


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


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


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”


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


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


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.”