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Results: 1-10 of 30

Massachusetts court dismisses relator's complaint alleging false statements in research grant application
  • Kelley Drye & Warren LLP
  • USA
  • November 15 2010

The District of Massachusetts dismissed an action under the False Claims Act brought by Dr. Kenneth James Jones, the “relator,” against Brigham and Women’s Hospital, Massachusetts General Hospital, and a couple of scientists, alleging that they submitted a grant application containing allegedly false statements to the National Institute on Aging, an organization under the National Institutes of Health, requesting funding for research relating to Alzheimer’s Disease


U.S. Supreme Court upholds Affordable Care Act: significant aspects of Affordable Care Act for generic pharmaceutical companies
  • Kelley Drye & Warren LLP
  • USA
  • June 29 2012

On June 28, 2012, the U.S. Supreme Court upheld the Patient Protection and Affordable Care Act (Pub. L. 111-148


State attorneys general ramp up mortgage fraud investigations
  • Kelley Drye & Warren LLP
  • USA
  • May 26 2011

Earlier this month, we reported that the U.S. Attorney in the Southern District of New York filed a billion dollar False Claims Act lawsuit against Deutsche Bank and its subsidiary MortgageIT for alleged mortgage fraud during last decade’s housing bubble


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


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


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


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


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