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False Claims Act Defense

The False Claims Act and Indian Tribes: To What Extent Does Sovereign Immunity Protect Tribes and Their Business Activities?

[05/19/17]

Posted on May 19, 2017 in False Claims Act Defense

Published by: Hall Render

Executive Summary: Dahlstrom v. Sauk-Suiattle Indian Tribe, No. C16-0053JLR, 2017 WL 1064399 (W.D. Wash. Mar. 21, 2017) On March 21, 2017, a federal judge agreed with the Sauk-Suiattle Indian tribe (the “Sauk-Suiattle” or the “Tribe”) that it could not be sued under the federal False Claims Act (“FCA”) due to the tribe’s immunity from... READ MORE

Third Circuit Issues Decision Explaining Pleading Standards and Materiality After Escobar

[05/12/17]

Posted on May 12, 2017 in False Claims Act Defense

Published by: Hall Render

On May 1, 2017, the United States Court of Appeals released an important decision interpreting the False Claim Act’s (“FCA’s”) materiality requirement in light of the Supreme Court’s 2016 decision in Universal Health Services Inc. v. United States ex rel. Escobar. The case, United States ex rel. Petratos v. Genentech, revolved around allegations regarding the... READ MORE

Fourth Circuit Says Attorney General Holds “Unreviewable Veto Power” Over Qui Tam Settlements and Sends Statistical Sampling Issue Back to the Trial Court

[02/17/17]

Posted on February 17, 2017 in False Claims Act Defense

Published by: Hall Render

The Attorney General of the United States has an unreviewable veto power over qui tam settlements, according to the Fourth Circuit’s recent published decision in United States ex rel. Michaels v. Agape Senior Community.[1] In the same decision, the court declined to decide an issue raised by the relators over the trial court’s refusal... READ MORE

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Courts Return to Real Particularity to Meet Rule 9(b)’s “Fraud with Particularity” Requirement

[02/02/17]

Posted on February 2, 2017 in False Claims Act Defense

Published by: Hall Render

The courts appear to be walking back their trend toward loosening False Claims Act (“FCA”) pleading requirements. The FCA is a fraud statute, and lawsuits alleging FCA violations must be pled under Rule 9(b) of the Federal Rules of Civil Procedure: Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state... READ MORE

Statistical Evidence and the False Claims Act

[02/02/17]

Posted on February 2, 2017 in False Claims Act Defense

Published by: Hall Render

The False Claims Act¹ is a fraud statute; therefore, False Claims Act complaints must be pled with particularity,² identifying “the who, what, when, where, and how of an actual false claim” submitted to the government.³ Whistleblowers without evidence of specific claims have tried to circumvent the rule with statistics, showing a likelihood that false... READ MORE

Trial Court Pushes Back on “Fraud with Particularity” Requirement

[01/26/17]

Posted on January 26, 2017 in False Claims Act Defense

Published by: Hall Render

The Federal District Court for the Middle District of Florida appears  to have rejected recent direction from the Eleventh Circuit Court of Appeal to deny a motion to dismiss in a False Claims Act case. In United States ex rel. Napoli et al. v. Premier Hospitalists PL, et al. the whistle-blowers alleged a hospitalist... READ MORE

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Escobar, Back at the First Circuit

[11/23/16]

Posted on November 23, 2016 in False Claims Act Defense

Published by: Hall Render

Yesterday, the First Circuit Court of Appeals issued a new opinion in Universal Health Services, Inc. v. United States ex rel. Escobar.  Applying the materiality test enunciated by the Supreme Court in June, the First Circuit reaffirmed its previous decision that the whistleblowers’ complaint sufficiently stated a claim under the False Claims Act (“FCA”)... READ MORE

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Skilled Nursing Facility Chain Settles False Claims Act Case for $145 Million

[11/03/16]

Posted on November 3, 2016 in False Claims Act Defense, Health Law News

Published by: Hall Render

On October 24, the Department of Justice (“DOJ”) announced a $145 million False Claims Act settlement with a national skilled nursing facility provider that operates more than 200 skilled nursing facilities (the “Company”) and its individual owner. The settlement has been touted as the largest in the DOJ’s history with a skilled nursing facility (“SNF”) chain. According to... READ MORE

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Seventh Circuit: Implied Certification Claims Remain a Heavy Lift

[10/26/16]

Posted on October 26, 2016 in False Claims Act Defense

Published by: Hall Render

In light of the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit revisited its prior ruling in United States ex rel. Nelson v. Sanford-Brown, Ltd, a case alleging that a college receiving federal subsidies violated the False Claims Act (“FCA”) by maintaining discriminatory recruiting and retention practices. The Seventh... READ MORE

Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

[10/21/16]

Posted on October 21, 2016 in False Claims Act Defense

Published by: Hall Render

In United States of America and the State of Florida, ex rel. Bingham v. HCA, Inc., the employee of a medical office building management firm filed suit against a national health care system in the U.S. District Court for the Southern District of Florida. The lawsuit included allegations relating to one of the defendant’s... READ MORE