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Results: 1-10 of 30

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


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


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


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.”


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


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”


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