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Searching Content indexed under Litigation, Mediation & Arbitration by Amanda Enyeart ordered by Published Date Descending.
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Practice Reminder: Research Misconduct Can Be A Source Of False Claims Act Liability
The October issue of the journal Science features a series of short articles highlighting a database containing a list of more than 18,000 scientific papers and conference abstracts that have been...
United States
13 Dec 2018
2
Seventh Circuit Reevaluates And Adopts More Stringent FCA Causation Standard
On October 23, 2017, the US Court of Appeals for the Seventh Circuit reversed itself by determining that proximate cause—and not the "but-for" causation test that the court adopted 25 years ago— ...
United States
14 Nov 2017
3
Ninth Circuit Remands False Claims Act Case Against Tribal College For Determination Of Sovereign Status
On July 10, 2017, US Circuit Court of Appeals for the Ninth Circuit reversed a December 3, 2014, district court dismissal of False Claims Act (FCA) claims against Salish Kootenai College (College)...
United States
2 Aug 2017
4
District Court Finds Oregon University Immune To FCA Suit Brought By Federal Government
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
United States
3 May 2017
5
Fifth Circuit Upholds Omnicare Decision For Lack Of Supporting Evidence Of Kickback Violation
In an unpublished opinion, the Fifth Circuit Court of Appeals affirmed the decision of the US District Court for the Southern District of Texas that granted summary judgment to Omnicare...
United States
14 Nov 2016
6
Ninth Circuit Court Overturns District Court On Sufficiency Of Pleading Under Rule 9(B), Remands For Amendment
However, Rule 9(b) continues to set a demanding standard that should be enforced by courts to guard against frivolous claims.
United States
22 Aug 2016
7
District Court Dismisses FCA Claims Based On Fraudulent Off-Label Promotion For Lack Of Particularity
The district court held that Witkin failed to plead his claims with sufficient particularity pursuant to Fed. R. Civ. P. 9(b).
United States
8 Jun 2016
8
Fifth Circuit Affirms Summary Judgment Where Whistleblower Offered No Evidence Of The Requisite Scienter
On March 7, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment by the U.S. District Court for the Northern District of Texas in favor of Kaner Medical Group and its owner, David Kaner.
United States
23 Mar 2016
9
Overview Of Recent Stark Law Developments
There has been a flurry of judicial and administrative activity regarding the Stark Law in recent weeks...
United States
4 Aug 2015
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