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 4 of 6

Sixth Circuit Adds Further Uncertainty to the Question of Limits on False Claims Act Damages

Posted  02/11/16
By Hamsa Mahendranathan Violators of the False Claims Act can be subject to significant damages: the Act provides treble damages and civil penalties of between $5,500 and $11,000 for each false claim.  But in some cases, the correct measure of damages can be a murky subject. This is especially true when considering whether the damages should account for any value the government received on the contract.  Last...

Third Circuit Opens Door Wider For Whistleblowers Under Original Source Exception To False Claims Act Public Disclosure Bar

Posted  02/10/16
By Gordon Schnell
Under the False Claims Act, the public disclosure bar prevents whistleblower suits challenging fraud already disclosed through certain public channels like the news media.  The rule is designed to discourage whistleblower actions based on information already in the public domain, unless it was the whistleblower that actually put it there.  It is supposed to neatly balance the twin-goals of discouraging so-called...

Whistleblower Showdown Heads to Supreme Court

Posted  09/30/15
By Eric Havian (published on CFO.com) A recent decision by the Second Circuit Court of Appeals in New York has staged a showdown for the Supreme Court to decide what protections whistleblowers should receive when they report illegal activity internally and an employer retaliates as a result. However the Supreme Court decides, corporate officers should take a deep breath and think about the impact of the positions...

Ninth Circuit Victory For Whistleblowers In Narrowing "Public Disclosure" And "First-To-File" Bars To Bringing Qui Tam Actions

Posted  07/10/15
By Gordon Schnell
In a major victory for whistleblowers, the Ninth Circuit in United States ex rel. Hartpence v. Kinetic Concepts, Inc. narrowed the reach of two significant bars to bringing qui tam lawsuits under the False Claims Act.  Under the so-called "public disclosure" bar, the Ninth Circuit reversed its own precedent and ruled the "original source" exception to the bar does not require the whistleblower to have played a role...

Have We Reached the Final Round In the Government's Tuomey Kickback Case?

Posted  07/10/15
The United States won another round in its now almost eight year battle to hold South Carolina-based Tuomey Healthcare System liable for paying doctors illegal kickbacks.  The litigation has been long and procedurally complex, but at bottom, the Government has alleged, and the jury has found, that Tuomey gave a group of doctors unreasonably lucrative employment arrangements to get them to send their patients to...

Fourth Circuit Gives Expansive Read of False Claims Act Whistleblower Retaliation Protections

Posted  06/4/15
By the C|C Whistleblower Lawyer Team In its Young v. CHS Middle East, LLC decision last week, the Fourth Circuit provided an expanded view of the anti-retaliation protections afforded whistleblowers under the False Claims Act.*  In doing so, it is one of the first courts of appeals to explicitly acknowledge the broadened whistleblower protections that follow from the False Claim Act amendments under the Fraud...

Seventh Circuit Gives Broad Read To What Constitutes A "Referral" Under Anti-Kickback Statute

Posted  02/26/15
By Gordon Schnell
Healthcare Fraud
Under the Anti-Kickback Statute, physicians may not solicit or receive kickbacks for referring Medicare patients to a particular healthcare provider. The question before the Seventh Circuit in United States v. Patel was the scope of what constitutes a referral under the statute. According to the Court, the scope is quite broad, even extending to situations where the physician plays no role in selecting the healthcare...

Fourth Circuit Joins Other Circuits In Narrow Read of Public Disclosure Bar

Posted  02/5/15
Under the False Claims Act, a whistleblower may be precluded from filing a qui tam lawsuit based on information that has already been publicly disclosed by another source.   This so-called "public disclosure bar" is designed to weed out "parasitic" actions from those brought by whistleblowers with true inside knowledge of fraud.  There has been some disagreement among the courts as to how "public" a disclosure must...

Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss

Posted  01/8/15
By the C|C Whistleblower Lawyer Team Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information.  It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: