Articles and Blogs

whistleblower

Department of Justice Announces $42 Million Settlement for Alleged False Claims Act Violations

[08/08/17]

Posted on August 8, 2017 in Health Law News

Published by: Hall Render

Recently, the Department of Justice (“DOJ”) announced it had entered into a $42 million settlement (“Settlement”)[1] with the owners of a California acute care hospital (“Parent Company”) to resolve allegations that the Parent Company had violated the False Claims Act by submitting false claims to Medicare and MediCal (California Medicaid) programs. The Parent Company... READ MORE

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Government Approval and Percentage in FCA Cases

[04/07/16]

Posted on April 7, 2016 in False Claims Act Defense

Published by: Hall Render

An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to enter into a settlement that... READ MORE

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FCA Cases Just Got Harder to Settle

[05/28/15]

Posted on May 28, 2015 in False Claims Act Defense

Published by: Hall Render

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension of Limitations Act, but... READ MORE

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Appellate Court of Illinois: Reputational Harm Insufficient to Defeat Hospitals’ Immunity

[02/27/15]

Posted on February 27, 2015 in Litigation Analysis

Written by: Drew B. Howk

The Fourth District of the Appellate Court of Illinois reaffirmed that claims by a physician that a hospital’s failure to renew his privileges caused actual and intentional harm to his professional reputation are barred by the Illinois’s Hospital Licensing Act. Only claims alleging an actual or deliberate intention to physically harm the physician or others trump a hospital’s... READ MORE

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Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit

[02/11/15]

Posted on February 11, 2015 in False Claims Act Defense

Written by: David B. Honig

Written by David B. Honig and Ritu Kaur Cooper. On February 3, 2015, the Fourth Circuit Court of Appeals ruled that disclosures to the public officials responsible for managing the subject of a False Claims Act lawsuit did not qualify as “public disclosures” for the purpose of the FCA’s public disclosure bar. US ex rel. Wilson v.... READ MORE

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Fifth Circuit: Telecom Corporations Not Subject to FCA Claims on E-Rate Allegations

[07/08/14]

Posted on July 8, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Fifth Circuit rejected the government’s attempt to expand the FCA’s reach to include non-government funds overseen by a non-governmental entity simply because the government had the ability to exert a modicum of control over the entity. READ MORE

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False Claims Act Update, May 2013

[05/15/13]

Posted on May 15, 2013 in False Claims Act Defense

Written by: David B. Honig

Three new FCA cases of interest were reported in the last few weeks. One was discussed previously on FCADefense.com in Toumey Loses Stark/FCA Case Again by Drew Howk. Another, Ulysses, Inc. v. United States is yet another example of the growing trend of failed FCA counter-claims by the Government in response to contract litigation. The Third, Fresenius... READ MORE

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Retained Overpayments Change the FCA Ball Game

[05/05/13]

Posted on May 5, 2013 in False Claims Act Defense

Written by: David B. Honig

False Claims Act defense attorneys have been warning government contractors, particularly Medicare and Medicaid providers, of increased risks and a reduced ability to defend against whistleblower complaints since the passage of the Fraud Enforcement Recovery Act of 2009 (“FERA”). The greatest risk comes from FERA’s addition of a new kind of reverse false claim:... READ MORE

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False Claims Act Update

[02/27/13]

Posted on February 27, 2013 in False Claims Act Defense

Written by: David B. Honig

Appellate Court Cases Three appellate-level FCA cases were reported in January and February 2013. Only one, U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., was selected for publication. All three cases addressed Rule 9(b)’s requirement that allegations of fraud be lead “with particularity.” The cases, read together, highlight the differences among Circuits... READ MORE

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Do whistleblowers have to plead with particularity for every claim?

[06/22/12]

Posted on June 22, 2012 in False Claims Act Defense

Written by: David B. Honig

Pleading a False Claims Act case can be a tricky exercise, and in defending an FCA case, it is important to know just what the rules are for a whistleblower, and how they can fail to meet them. One of the most common mistakes made by whistleblowers is failing to “plead fraud with particularity,” a requirement... READ MORE

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