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Justice Breyer resurrects Metabolite
  • Foley & Lardner LLP
  • USA
  • June 14 2011

Justice Breyer's dissenting opinion in Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc. is interesting for more than his views on inventor rights and the Bayh-Dole Act

End-of-year countdown: the five most important areas of law addressed by the Sixth Circuit in 2011
  • Squire Patton Boggs
  • USA
  • December 21 2011

End-of-year countdowns are all the rage, and we thought it would be fitting to close out 2011 with a countdown for our loyal blog readers

Seventh Circuit appeal in case against medical center could impact the ability to bring suits under the False Claims Act
  • Katten Muchin Rosenman LLP
  • USA
  • September 19 2011

The decision in a case pending before the Seventh Circuit could affect the ability of plaintiffs to bring suit under the False Claims Act (FCA) in cases where the government already possesses information concerning the alleged fraud

Sixth Circuit hits the brakes on District Court’s FCA ruling, noting the FCA is not a vehicle to police technical compliance with complex federal regulations
  • Wiley Rein LLP
  • USA
  • October 10 2012

On October 5, 2012, in United States ex rel. Williams v. Renal Care Group, Inc., the Sixth Circuit ruled that a company that made efforts to comply with ambiguous industry regulations did not act with "reckless disregard" under the False Claims Act

Supreme Court declines review of Medicare secondary payer decision: three key takeaways
  • McGuireWoods LLP
  • USA
  • October 8 2012

On Oct. 1, 2012, the Supreme Court of the United States declined review of a 6th Circuit decision that upheld the government's authority under Medicare Secondary Payer law to recover all expenses paid on behalf of a Medicare beneficiary when that beneficiary, in turn, recovers from a third party

Government sanctioned for destruction of documents
  • Morgan Lewis & Bockius LLP
  • USA
  • October 17 2012

U.S. district court decision may now allow defendants in False Claims Act cases to obtain sanctions where potentially relevant documents are lost or destroyed due to the government's failure to issue a timely litigation hold

US defeated at trial on “below cost discounting” claims
  • Sidley Austin LLP
  • USA
  • October 15 2012

One theory of FCA liability that we are seeing with increasing frequency in the healthcare context is that suppliers have offered discounted bids for goods or services that are “below cost” in an effort to “pull through,” or induce the purchasing entity to refer, more lucrative business that is reimbursable by federal healthcare programs

Buckman preemption fraud on the coast guard
  • Dechert LLP
  • USA
  • October 23 2012

Don’t roll your eyes at us the way a daughter does when her mother is about to tell a story about the mother’s college years for the sixth, seventh . . . OK 100th time

The perils of causation
  • McInnes Wilson Lawyers
  • Australia
  • October 29 2012

The Plaintiff was employed by the Defendant as a disability support worker

Health legal update: care home fee challenges a clean sweep for providers
  • Eversheds LLP
  • United Kingdom
  • October 30 2012

Following on from our e-briefing on 30 August 2012, R (On the application of the Members of the Committee of Care North East Newcastle) v Newcastle City Council 2012 EWHC 2655 (Admin) is the most recent case in which care home providers have asked the Court to consider whether a local authority has acted fairly when setting the rates that it is prepared to pay for care home placements