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Results: 1-10 of 30

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


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


D. Mass grants Rule 9(b) motion to dismiss in medical device case
  • Kelley Drye & Warren LLP
  • USA
  • December 21 2010

Last week we reported on the denial of Orthofix’s motion to dismiss the complaint of the relator, Jeffrey Bierman, on Rule 9(b) grounds in United States ex rel. Bierman v. Orthofix International, N.V. et al., Civil Action Nos. 05-10557-EFH, 08-11336-JLT, 2010 WL 4973635 (D. Mass


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


Court in Southern District of New York dismisses relator's False Claims Act complaint because no law or regulation prohibited hospital's billing method
  • Kelley Drye & Warren LLP
  • USA
  • April 13 2011

A former independent consultant to Beth Israel Medical Center ("BIMC"), Cleuza Colucci, brought a False Claims Act action against the hospital, alleging that it billed for and received inflated Medicare payments by purchasing Kings Highway and Doctors Hospital and then taking advantage of rate increases resulting from consolidation with BIMC for purposes of billing Medicare


Fourth Circuit holds False Claims Act seal provisions do not violate the First Amendment and separation of powers
  • Kelley Drye & Warren LLP
  • USA
  • March 30 2011

Since 1986, the False Claims Act has required qui tam relators, who file FCA lawsuits on behalf of the Government, to file the complaints secretly


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


Par files complaint against the Government claiming that FDA's off-label marketing regulations violate the First Amendment
  • Kelley Drye & Warren LLP
  • USA
  • October 27 2011

Par filed a Complaint for Declaratory and Injunctive Relief against the United States, the U.S. Food & Drug Administration (FDA), the Commissioner of the FDA, and the Secretary of the Department of Health & Human Services seeking a declaratory judgment that the application of FDA off-label marketing regulations to Par’s marketing of Magace ES violates the First Amendment


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”