Contact

Click here for a confidential contact or call:

1-212-350-2774

Court Decision

This archive displays posts tagged as relevant to court decisions involving whistleblower laws. You may also be interested in our pages:

Page 1 of 5

DOJ Affirms its Materiality Provision but Threatens to Dismiss Gilead FCA Case

Posted  12/7/18
On November 30, 2018, the United States filed its amicus curiae brief before the Supreme Court in Gilead Sciences, Inc. v. United States ex rel. Campie (“Gilead”). The brief highlights two key topics in False Claims Act (“FCA”) litigation: (1) the interpretation of materiality under Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 19889 (2016) (“Escobar”) and (2) the impact of the January 2018 Granston...

Federal Judge — CFTC Can Regulate “Cryptocurrency” Fraud

Posted  10/10/18
Cryptocurrency
In good news for investors, a Massachusetts federal judge recently ruled that the Commodity Futures Trading Commission (CFTC) has the authority to fight fraud in the booming virtual currency market. The decision follows on the heels of a ruling in New York where a different federal judge reached the same conclusion. Through the Commodity Exchange Act, Congress authorized the CFTC to fight fraud involving “commodities.” As the virtual currency sector...

Third Circuit Clarifies the Public Disclosure Bar in United States ex rel. Silver v. PharMerica

Posted  09/7/18
Whistleblower Marc Silver secured a victory from the Third Circuit on September 4, 2018, which held that his action was not blocked by the “public disclosure bar” of the False Claims Act, reversing a lower court that had dismissed his action. The Third Circuit’s opinion appropriately recognizes that a whistleblower can use non-public information as a bridge between public information and allegations of fraud, without triggering the public disclosure bar. Although...

Ninth Circuit Refuses to Kill Incentive Compensation Ban Whistleblower Suit

Posted  08/31/18
By Leah Judge
Education Fraud
Last week, the Ninth Circuit refused to kill a False Claims Act lawsuit alleging that San Francisco’s Academy of Art University violated the federal incentive compensation ban. The ban, which falls under Title IV of the Higher Education Act, prohibits schools that receive federal funds from paying incentives to employees for securing enrollments. The ban operates to protect students from pushy recruiters looking to sell students on their school-regardless of...

Massachusetts High Court Bars Companies as Whistleblowers Under State False Claims Act

Posted  08/9/18
In a decision handed down Tuesday, the Massachusetts Supreme Judicial Court ruled that only individuals, not companies, have standing to bring a whistleblower action under the State's False Claims Act. The decision in Phone Recovery Services, LLC. v. Verizon of New England, Inc. is groundbreaking in its limitation of who qualifies as a whistleblower. At the same time, it likely is quite limited in its reach as it is premised...

Constantine Cannon Files Amicus Brief on Behalf of AARP

Posted  07/27/18
Constantine Cannon is proud to have partnered with AARP Foundation to represent AARP, AARP Foundation, Center for Medicare Advocacy, Justice in Aging, the National Consumer Voice for Quality Long-Term Care, and the National Health Law Program, as amici curiae in the whistleblower-initiated case of United States ex rel. Angela Ruckh v. Salus Rehabilitation, currently on appeal before the 11th Circuit. The appeal presents an important opportunity for the Court of...

Constantine Cannon Partner Jessica Moore on Court’s Decision in Medicare Advantage Case

Posted  07/23/18
Becker’s Hospital Review published Four Key Takeaways From 9th Circuit’s Resurrection of the Silingo Medicare Advantage Case, written by Constantine Cannon partner Jessica T. Moore. In the article, Ms. Moore analyzes the Ninth Circuit’s July, 2018, ruling in U.S. ex rel. Silingo v. WellPoint, Inc., a case brought by a whistleblower under the False Claims Act alleging risk adjustment fraud in Medicare’s Part C program. The Ninth Circuit’s decision “swept...

10th Circuit Finds that Doctor’s Judgment is Not Automatically Reasonable and Necessary

Posted  07/20/18
By Sarah “Poppy” Alexander
By Poppy Alexander Top-level heart surgeons work in a rarified world, where few may question their medical judgment. Yet that judgment is not infallible-and its presence is not in itself a protection against False Claims Act liability. The Tenth Circuit recently held as much in United States ex rel. Polukoff v. St. Mark’s Hospital et al., finding that a doctor may be exercising medical judgment while still submitting false claims...

False Claims Act Developments: Sixth Circuit Rules that Timing Matters When It Comes to Certifying Plans of Care

Posted  06/21/18
By Leah Judge Reaffirming the importance of patient plans of care, the Sixth Circuit recently held that the timing of a physician’s certification of such plans is material to the government’s decision to pay for home health services. The case marks another circuit court’s application of the materiality standard announced in Universal Health Servs., Inc. v. United States ex rel. Escobar, and serves as a rebuke to recent decisions that...
1 2 3 5

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: