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Seventh Circuit

Future Impairments Caused by Obesity Not Covered by ADA


Posted on November 1, 2019 in HR Insights for Health Care

Published by: Hall Render

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

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New 7th Circuit FCA Case Is a Primer in Whistleblower Cases


Posted on June 18, 2015 in False Claims Act Defense

Written by: David B. Honig

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can fail to bring an... READ MORE

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N.D. Ill.: Upcoding Allegations Against Hospitalist Group Survive Motion to Dismiss


Posted on February 24, 2015 in False Claims Act Defense

Written by: David B. Honig and Andrew B. Howk

A recent case out of the Northern District of Illinois Federal Court, US ex rel. Oughatiyan v. IPC the Hospitalist Company, Inc., demonstrates the high risk inherent in evaluation and management (E&M) coding for health care providers. READ MORE

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Seventh Circuit: “Information and Belief” Insufficient under 9(b)


Posted on December 4, 2014 in False Claims Act Defense

Written by: Drew B. Howk

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal  of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase  with clarity and precision that makes a... READ MORE

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Seventh Circuit: E-Rate Suit Survives Public Disclosure Bar


Posted on July 29, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Seventh Circuit reversed a district court’s decision finding that it lacked jurisdiction over a whistleblower’s claim under the False Claim Act’s public disclosure bar. In U.S. ex rel. Heath v. Wisconsin Bell, Inc., the Court held that even though the Complaint relied in part upon publicly available information, the Relator’s allegations rested upon... READ MORE

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