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Fifth Circuit

When a Deadline Isn’t a Deadline: Fifth Circuit Rules FCA Appeal Deadlines Turn on Government’s Intervention

[10/31/18]

Posted on October 31, 2018 in False Claims Act Defense

Published by: Hall Render

Joining the other circuit courts, the Fifth Circuit extends the time to appeal a civil case if the United States was a party. As long as the United States was actively involved in the case prior to the appeal, any party has 60 days to appeal. Background In United States v. Ronald Conner, [1]... READ MORE

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Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

[10/30/18]

Posted on October 30, 2018 in False Claims Act Defense

Published by: Hall Render

The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background In Vaughn, ex rel.... READ MORE

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Hostile Work Environments Can Be Created by Patients and Other Third Parties, Too

[07/24/18]

Posted on July 24, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent federal appeals court decision reminds us that employees can bring sexual harassment claims based on the conduct of non-employees, including patients. A recent decision by the U.S. Court of Appeals for the Fifth Circuit reminds us of that risk. The Facts and Allegations In Gardner v. CLC of Pascagoula, LLC, a nursing... READ MORE

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Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

[03/03/15]

Posted on March 3, 2015 in False Claims Act Defense

Published by: Hall Render

The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was... READ MORE

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Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

[03/02/15]

Posted on March 2, 2015 in Health Law News

Written by: Drew B. Howk

The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was not... READ MORE

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The Fifth Circuit Draws a Public-Disclosure Roadmap

[02/24/15]

Posted on February 24, 2015 in False Claims Act Defense

Written by: David B. Honig

A clearly irate Fifth Circuit Court of Appeals reversed summary judgment granted on behalf of Shell Exploration and Development Company, for the second time, and remanded with an order that the case be assigned to a new judge. In United States ex rel. Little v. Shell Exploration the Fifth Circuit, for the second time, reversed the trial... READ MORE

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S.D. Texas: Hospital Cannot Be Sued for Increased Risk of Future Harm from Data Breach

[02/20/15]

Posted on February 20, 2015 in Litigation Analysis

Written by: Drew B. Howk

This month’s announcement of the recent Anthem Data Breach sent shockwaves through the health care industry with some experts referring to 2015 as the “year of the health care hack.” Those who collect and store health data have been racing to strengthen security protocols and to understand their risk exposure. In a first-of-its-kind case in... READ MORE

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September 2014 FCA Update

[10/12/14]

Posted on October 12, 2014 in False Claims Act Defense

Written by: David B. Honig

Only one FCA case of interest was decided by a U.S. Circuit Court in September. In US ex rel Parikh v Brown, the Court found that a county hospital and its administrator’s participation in a “simple, brazen kickback scheme” could not be shielded by qualified immunity. The hospital and its administrator split pain center revenues with... 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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