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Results: 1-10 of 30

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."


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


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


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


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


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


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


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


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


Tennessee court holds self-reporting to government does not bar relator action
  • Kelley Drye & Warren LLP
  • USA
  • November 9 2010

The federal court in the Western District of Tennessee, a court in the Sixth Circuit, held as a matter of first impression that self-reporting to the government of failures to comply with federal law does not constitute a "public disclosure" which could bar a lawsuit brought by a relator under the False Claims Act