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Court Decision

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

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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...

Dodd-Frank's Anti-Retaliation Protections Apply Only to Whistleblowers Who Report to the SEC

Posted  02/23/18
In Digital Realty Trust, Inc. v. Somers, a 9-0 opinion by Justice Ginsburg, the Supreme Court held that the anti-retaliation provisions of the 2010 Dodd-Frank Act do not extend to employees who have reported internally but extend only to employees who have reported suspected securities law violations to the SEC. The Supreme Court's decision reversed the Ninth Circuit, and resolved a longtime circuit split. The Fifth...

Florida Judge Erases $350M Jury Verdict in FCA Case

Posted  01/18/18
By the C|C Whistleblower Lawyer Team Last Thursday, a judge in the Middle District of Florida threw out a $350M jury verdict against a nursing home provider. The basis of the decision was a stringent interpretation of the FCA’s materiality element. The ruling heavily relied upon the 2016 Supreme Court decision in Universal Health Services v. Escobar. This is the latest example of that ruling being hashed out in...

District Court Gives Short Shrift to Payment Terms in Recent Brookdale Decision

Posted  06/30/17
A recent district court decision from the Middle District of Tennessee serves as a reminder that qui tam relators would be wise to ferret out and include in their filings examples of any instances in which the government has taken enforcement action against companies involved in the type of misconduct they allege. It also underscores the point that courts must remember that the government has to pick and choose...

June 16, 2017

Constantine Cannon attorneys Harry Litman and Mary Inman were quoted in the Law360 article, One Year Later, Escobar Is Roiling FCA Landscape.  Click here to read the article.

Eighth Circuit Rules That Public Disclosure Bar Applies in Drug Price Inflation Suit

Posted  05/31/17
By Hallie Noecker
Early this month, the U.S. Court of Appeals for the Eighth Circuit declined to revive a whistleblower’s False Claims Act (FCA) suit, ruling that prior litigation and government reports triggered the statutory public disclosure bar, even though the public disclosures at issue did not mention the defendants in the case. The case, United States ex rel. Lager v. CSL Behring. LLC, concerned fraud in the prescription drug...

Fifth Circuit Applies “Demanding” Escobar Materiality Standard

Posted  04/5/17
By Rosie Dawn Griffin The Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel. Escobar continues to be hashed out in the lower courts. Last month, the Fifth Circuit applied Escobar’s materiality standard in U.S. ex rel Abbott et al. v. BP Exploration and Production, Inc. et al., a whistleblower case former BP contractor Kenneth Abbott brought under the False Claims Act (FCA) in...

Despite A Recent Ninth Circuit Decision, The Law Still Applies To Government-Sponsored Entity Cases

Posted  03/17/16
By Anne Hayes Hartman Two co-whistleblowers lost their bid before the Ninth Circuit last month to proceed with a False Claims Act case alleging that mortgage lenders and servicers defrauded Fannie Mae and Freddie Mac. Those who brought the case (the relators) alleged that the lenders and servicers (the defendants) violated the FCA by falsely ­certifying that loans purchased by Fannie and Freddie were free and...

Fourth Circuit Dismisses Lawsuit Based on Lawyer’s Knowledge Under the Public Disclosure Bar of the False Claims Act

Posted  02/22/16
The Fourth Circuit ruled recently that a False Claims Act case must be dismissed because it was based on information that the attorney representing the qui tam plaintiff had learned during a prior litigation.  In doing so, the court applied what has become known as the “public disclosure bar” – a provision in the False Claims Act that strips a court of jurisdiction to hear cases based on information that has...


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