Court Decision Archives - Page 5 of 6

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...

Tagged in: Court Decision, FCA Federal,

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

Posted 02/26/15
By Gordon Schnell

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...

Tagged in: Anti-Kickback and Stark, Court Decision, Healthcare Fraud, Provider Fraud,

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...

Tagged in: Court Decision, FCA Federal, Public Disclosure and Public Information, Whistleblower Case,

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...

Tagged in: Contract Non-Compliance, Court Decision, Defense Contract Fraud, FCA Federal, Government Knowledge,

Sixth Circuit Finds Job Applicants Not Covered By FCA Whistleblower Retaliation Provisions

Posted 12/4/14

By the C|C Whistleblower Lawyer Team The whistleblower retaliation provisions of the False Claims Act offer broad relief to "employees" who are terminated, suspended, harassed or otherwise discriminated against by their employers for engaging in protected whistleblowing activity. Congress amended the statute in 2009 to expand these provisions beyond employees to also reach "contractors" and "agents" of a...

Tagged in: Court Decision, FCA Federal, Whistleblower Protection Laws,

Court Approves Statistical Sampling in False Claims Act Cases

Posted 10/16/14

By Jason Enzler A district court has upheld the use of statistical sampling in a False Claims Act case. As the court discussed in its decision, the use of sampling in False Claims Act litigation is not new. But it generally has been limited to establishing damages or to cases where the use of sampling is not contested. In United States ex rel. Martin v. Life Care Centers of America, Inc., however, the court...

Tagged in: Court Decision, FCA Federal, Whistleblower Evidence,

D.C. Circuit Opines on What Constitutes Knowledge of Falsity Under the False Claims Act

Posted 09/11/14

By Jason Enzler The Court of Appeals for the District of Columbia Circuit issued an opinion recently affirming a trial court’s grant of summary judgment against a qui tam relator. The ruling in U.S. ex rel. Folliard v. Government Acquisitions, Inc. dealt with two issues: whether the lower court properly denied discovery of certain information and whether the defendant had “knowingly” submitted false claims...

Tagged in: Court Decision, Defendants, FCA Federal,

Case Tests Tension Between False Claims Act and First Amendment

Posted 09/4/14

By Marlene Koury The much claimed but never proven tension between the False Claims Act (“FCA”) and First Amendment is being tested again in United States v. Millenium Pharmaceuticals Inc., currently pending in the Eastern District of California. The whistleblower, a former pharmaceutical sales representative, alleges in his complaint that Millennium Pharmaceuticals illegally promoted the off-label use of...

Tagged in: Court Decision, FCA Federal, Off-Label and Unapproved Use,

Barker Decision Extends Attorney-Client Privilege Waiver to False Claims Act Cases

Posted 09/4/14
By Gordon Schnell

The attorney-client privilege is perhaps the most critical component of the attorney-client relationship. As the Supreme Court declared in its landmark Upjohn decision, the privilege exists "to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observation of law and administration of justice." As most would agree, without the privilege...

Tagged in: Court Decision, FCA Federal, Hospital Fraud,

Party in the (Wall) Street?

Posted 06/5/14

By Jason Enzler

The Second Circuit Court of Appeals has overturned a decision that many had hailed as one of the first to really hold Wall Street accountable for its behavior in the years leading up to the Great Recession. The opinion, issued yesterday, found that New York District Court Judge Jed Rakoff abused his discretion in rejecting a deal brokered between the Securities and Exchange Commission and Citigroup,...

Tagged in: Court Decision, Financial and Investment Fraud, Financial Institution Fraud,

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Court Decision

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

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

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

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

Sixth Circuit Finds Job Applicants Not Covered By FCA Whistleblower Retaliation Provisions

Court Approves Statistical Sampling in False Claims Act Cases

D.C. Circuit Opines on What Constitutes Knowledge of Falsity Under the False Claims Act

Case Tests Tension Between False Claims Act and First Amendment

Barker Decision Extends Attorney-Client Privilege Waiver to False Claims Act Cases

Party in the (Wall) Street?

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