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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


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


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


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


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


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


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


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


Insurance company not liable for reverse false claim
  • Kelley Drye & Warren LLP
  • USA
  • October 26 2010

The Court of Appeals for the Ninth Circuit held that an insurance company was not liable under the False Claims Act for initially contesting coverage for the relator's surgery while Medicare paid the hospital in the interim