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Results: 1-10 of 30

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


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


District of Massachusetts court allows FCA action premised on violations of anti-kickback statute to continue
  • Kelley Drye & Warren LLP
  • USA
  • March 22 2011

Two relators, Bernard Lisitza and David Kammerer, filed separate False Claims Act qui tam actions against Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Johnson & Johnson Health Care System (collectively, “J & J”


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


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


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


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


Mississippi court denies government's attempted "fishing expedition"
  • Kelley Drye & Warren LLP
  • USA
  • October 22 2010

In a case where the government is alleging violations of the False Claims Act and the Anti-Kickback Statute, a Northern District of Mississippi Court rejected the government's attempt to engage in a "fishing expedition" to support allegations of "unknown wrongs" against "unnamed entities."