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Results: 1-10 of 30

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


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


State attorneys general ramp up mortgage fraud investigations
  • Kelley Drye & Warren LLP
  • USA
  • May 26 2011

Earlier this month, we reported that the U.S. Attorney in the Southern District of New York filed a billion dollar False Claims Act lawsuit against Deutsche Bank and its subsidiary MortgageIT for alleged mortgage fraud during last decade’s housing bubble


Iowa district court holds FERA is not retroactive in U.S. v. Hawley
  • Kelley Drye & Warren LLP
  • USA
  • August 24 2011

In two prior posts, we reported on a case which an insurance company was deemed subject to liability under the False Claims Act even when it did not directly submit claims to the federal government


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


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


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


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."


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”