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Searching Content indexed under Litigation, Mediation & Arbitration by Laura McLane ordered by Published Date Descending.
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1
Third Circuit Perpetuates Tuomey's Controversial Stark Law "Volume Or Value" Standard
In U.S. ex rel. J. William Bookwalter, III, M.D. et al. v. UPMC et al., the US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law's...
United States
11 Oct 2019
2
Health Care Enforcement Quarterly Roundup | Q4 2018
This latest installment of the Health Care Enforcement Quarterly Roundup reflects on trends that persisted in 2018 and those emerging trends that will carry us into 2019 and beyond.
United States
8 Feb 2019
3
Process Improvements Not A Basis To Establish Scienter: District Court Grants Summary Judgment To Defendants
In a January 10, 2019, decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of "knowledge" ...
United States
25 Jan 2019
4
Health Care Enforcement Quarterly Roundup Q3 | September 2018
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months.
United States
9 Oct 2018
5
Sky-Diving Without A Parachute? Ninth Circuit Reluctantly Holds Escobar's Two-Part Test Mandatory, For Now
In the aftermath of the Supreme Court's 2016 Escobar decision, the majority of litigation regarding that decision's impact has concerned the issue of materiality.
United States
11 Sep 2018
6
Sixth Circuit Revives Home Health Qui Tam Based On Pre-Escobar Standards; Dissent Criticizes Majority For Engaging In Rulemaking
The Sixth Circuit reversed dismissal of a relator's False Claims Act (FCA) claims against providers of home health services in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc. et al.
United States
11 Oct 2016
7
Failure To Specify Statutes And Regulations Fatal To FCA Complaint
The Seventh Circuit recently reviewed a district court's dismissal of an FCA claim against the City of Chicago, in which the relator alleged that the City's certifications of compliance with civil rights laws were false...
United States
8 Sep 2016
8
Eight Circuit Affirms Summary Judgment Grant Based On Reasonable Interpretation Of Ambiguous Regulation
Relator simply failed to submit evidence refuting AAKC's strong showing that its interpretation was objectively reasonable.
United States
15 Aug 2016
9
Another Court Rejects Claims Based On Differences Of Clinical Judgment; Also Rejects Extrapolation Attempt
On June 20, 2016, the United States District Court for the Northern District of Texas granted summary judgment in defendants' favor on all but her retaliation claims in relator's FCA suit...
United States
30 Jun 2016
10
Acting Associate Attorney General Remarks On Yates Memorandum And False Claims Act
On June 9, 2016, Acting Associate Attorney General Bill Baer delivered a speech regarding the impact of the Yates Memorandum's focus on individual accountability and corporate cooperation...
United States
13 Jun 2016
11
Recent District Court Decision Highlights FCA's Effective But Underutilized "Government Action" Bar
The relator in Bennett alleged that the defendant, Biotronik, paid doctors to enroll patients in studies that lacked scientific and medical value, as a result of which doctors prescribed Biotronik's cardiac devices.
United States
29 Apr 2016
12
District Of Massachusetts Rejects Relators' Attempt To Convert Products Liability Theory Into FCA Claim
On February 2, 2016, U.S. District Court for the District of Massachusetts dismissed a complaint alleging sweeping allegations of purported fraud under the False Claims Act relating to hip replacement devices.
United States
9 Feb 2016
13
Seventh Circuit Strictly Construes Original Source Requirement Against ‘Bounty-Hunting' Relator
In a decision released yesterday in U.S. ex rel. Bogina v. Medline Industries, Inc., the U.S. Court of Appeals for the Seventh Circuit affirmed a district court's dismissal of a relator's FCA complaint.
United States
6 Jan 2016
14
On Remand, Eastern District Of Virginia Narrowly Construes Supreme Court's KBR Holding
In a November 12, 2015 decision in a long running qui tam suit under the False Claims Act (FCA), the U.S. District Court for the Eastern District of Virginia dismissed a relator's case pursuant to the first-to-file bar (31 U.S.C. § 3730(b)(5)) for the second time.
United States
19 Nov 2015
15
"Worthless Services" Claims Continue To Receive Serious Scrutiny
On October 5, 2015, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a complaint alleging False Claims Act (FCA) and Illinois False Claims Act violations based on Medicaid billing...
United States
19 Oct 2015
16
SDNY Holds That Corporate Attorney-Client Privilege Trumps Individual Advice-Of-Counsel Defense
In the wake of the U.S. Department of Justice's (DOJ) recent memorandum regarding increased focus on individual culpability for corporate wrongdoing (on which we previously posted here) comes a district court decision with significant implications for individuals who attempt to assert an advice-of-counsel defense based on consultation with company counsel.
United States
30 Sep 2015
17
Issues Of Fact Must Really Be Genuine: Another District Court Ends A Relator's FCA Suit On Scienter Grounds
On the heels of the recent Omnicare summary judgment ruling ( covered in this blog) comes another scienter-based summary judgment victory for a False Claims Act (FCA) defendant...
United States
23 Sep 2015
18
Omnicare Decision Demonstrates That Relators Cannot Rely On Ambiguous Evidence Of Intent To Survive Summary Judgment, And Should Exercise Caution
On September 3, the U.S. District Court for the Southern District of Texas granted summary judgment in favor of Omnicare in United States ex rel. Ruscher v. Omnicare, Inc.
United States
20 Sep 2015
19
Recent Decisions Serve As Reminder That Scienter Is A Fertile Ground For Pre-Trial Disposition
Last week, two different district courts dismissed False Claims Act (FCA) claims on scienter grounds — one on a motion to dismiss and one at summary judgment.
United States
25 Aug 2015
20
Reverse False Claims And Corporate Integrity Agreements: Cephalon Decision Highlights Unsettled Law, Delivers Flawed Result
The result in Booker prevents CIAs from creating a new set of FCA landmines for providers who are seeking to resolve FCA claims. But as Cephalon demonstrates, the issue is far from settled.
United States
14 Aug 2015
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