Articles and Blogs

False Claims Act Defense

A Horse for a Different Course: Fourth Circuit Declines to Apply 60-Day Rule to Medicare Secondary Payer Act

[06/18/18]

Posted on June 18, 2018 in False Claims Act Defense

Published by: Hall Render

Most health care providers caring for federal health care program beneficiaries are familiar with the False Claims Act[1] (“FCA”) and its qui tam provision,[2] which grants private citizens the right to sue health care providers on behalf of the federal government. The seemingly routine 6+ figure FCA settlements garner much-deserved attention. After all, providers... READ MORE

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Ripping the Veil Off the Government’s Qui Tam Investigations

[05/16/18]

Posted on May 16, 2018 in False Claims Act Defense

Published by: Hall Render

On May 10, 2018, United States Senior District Judge for the Central District of Illinois, Joe Billy McDade, issued an order that should form the template for all courts asked to keep the government’s False Claims Act (“FCA”) extension motions under seal.¹ Far too often, courts simply grant the government’s ex parte motions without... READ MORE

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A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

[04/17/18]

Posted on April 17, 2018 in False Claims Act Defense

Published by: Hall Render

On April 11, 2018, the Eleventh Circuit Court of Appeals split from the Fourth and Tenth Circuits when it issued an order effectively granting relators in qui tam actions an additional three years to file. The court ruled that § 3731(b)(2)’s three-year limitation, which has traditionally only been applied when the United States is... READ MORE

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The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

[01/22/18]

Posted on January 22, 2018 in False Claims Act Defense

Published by: Hall Render

In United States ex rel. Schneider v. JPMorgan Chase Bank, Nat’l Ass’n [1], the D.C. Circuit re-affirms its position that contingent penalties are not obligations under the False Claims Act (“FCA”). BACKGROUND In the initial suit[2], Relator brought a qui tam action under the FCA against mortgage loan servicer JPMorgan Chase (“Chase”), alleging, in... READ MORE

Government Traps, Zaps and Zingers

[01/15/18]

Posted on January 15, 2018 in False Claims Act Defense

Published by: Hall Render

In an opinion loaded with linguistic hooks, the United States District Court for the Middle District of Florida recently reinforced the Supreme Court’s holding in Escobar, enthusiastically highlighting the importance of materiality and scienter in FCA cases. Background In U.S. ex rel. Ruckh v. Salus Rehabilitation, LLC, et al., Relators were successful in a... READ MORE

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Fifth Circuit Addresses Pre-Suit Disclosure and Causation Requirements for FCA Theories of Liability

[10/17/17]

Posted on October 17, 2017 in False Claims Act Defense

Published by: Hall Render

The Fifth Circuit recently addressed pre-suit disclosure and causation requirements for FCA theories of liability in United States ex rel. King v. Solvay Pharmaceuticals Inc., 871 F.3d 318 (5th Cir. 2017). Two former employees (“Relators”) of Solvay Pharmaceuticals, Inc. filed a qui tam suit claiming that Solvay induced false Medicaid claims through a variety... READ MORE

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Second Circuit Falls in Line for FCA Pleading Requirements

[10/09/17]

Posted on October 9, 2017 in False Claims Act Defense

Published by: Hall Render

On September 7, 2017, the Second Circuit realigned its stance on false certifications under the False Claims Act (“FCA”) in light of the Supreme Court’s decisions in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016). Background In the initial action, relators brought a qui tam action... READ MORE

Tenth Circuit Questions Its Previous Decision Defining “Intervene” in Light of Supreme Court Decision and Further Qualifies Public Disclosure Bar

[09/21/17]

Posted on September 21, 2017 in False Claims Act Defense

Published by: Hall Render

The Tenth Circuit’s recent decision in United States ex rel. Little v. Triumph Gear Sys., Inc. refines its definition of “intervene” in light of the Supreme Court’s decision in United States ex rel. Eisenstein v. City of New York. In doing so, the Tenth Circuit also seems to indicate that the original filing by... READ MORE

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Arbitration Agreement Not Binding on Whistleblower, Says Ninth Circuit

[09/15/17]

Posted on September 15, 2017 in False Claims Act Defense

Published by: Hall Render

On Monday, September 11, 2017, the U.S. Court of Appeals for the Ninth Circuit decided that a carefully drafted arbitration agreement between an employee and her employer did not cover the employee’s whistleblower action under the Federal False Claims Act (“FCA”) or Nevada’s state-law equivalent.[1] The court’s opinion in this case demonstrates that even the strong... READ MORE

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Seventh Circuit: Whistleblowers Cannot Build FCA Claims upon Public Information and Speculation

[08/14/17]

Posted on August 14, 2017 in False Claims Act Defense

Published by: Hall Render

The public disclosure bar remains one of the most important tools for disposing of False Claims Act (“FCA”) claims. The Seventh Circuit’s recent decision in United States ex rel. Bellevue v. United Health Services of Hartgrove, Inc. clarified the effect of the 2010 amendments to the public disclosure bar and affirmed the dismissal of whistleblower... READ MORE