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Second Circuit: “Payment Decision” Includes Contract Formation in Fraudulent Inducement Cases; United States Court of Appeals for Second Circuit No. 19-4331, United States v. Lee Strock, et al.
Courts Continue to Diverge on How Post-Complaint Government Conduct Affects Materiality Analysis Under Escobar
Senator Grassley and Senior DOJ Official Discuss Potential False Claims Act Changes and Enforcement Priorities
Expert Can Testify on Work Environment, But Can’t Tell Jury How to Feel About it; United States District Court for the Middle District of Florida, Tampa Division, No. 8:14-cv-778-T-33AAS, Darius Clarke M.D., et al. v. HealthSouth Corporation, et al.
Opinions Alone Insufficient Basis for Expert Declaration; United States District Court for the Middle District of Florida, Tampa Division, No. 8:12-cv-236-VMC-AEP, Emese Simon and Florida Rehabilitation Associates, Pllc v. HealthSouth of Sarasota Limited Partnership, et al.
Claims Frivolous if Relator Cannot Show Knowledge, Materiality; United States District Court for the District of Nevada No. 2:15-CV-1621 JCM (VCF), U.S. ex rel. Cheryl Nolte Barnes v. Clark County, et al.
Vague Assertion of “Inside Knowledge” Insufficient to Support Kickback, Billing Fraud Allegations; United States District Court for the Middle District of Florida, Orlando Division, No. 6:19-cv-2237-Orl-37LRH; U.S., Florida, and Omni Healthcare Inc. v. Health First Inc., et al.
Fastest 5 Minutes: Suspension/Debarment, False Claims Act, and Oversight (February 19)
Defendants Who Falsely Certified 8(a) Eligibility Doubled Down on Fraud With Every Bid; United States District Court for the Western District of Texas, San Antonio Division No. SA-16-CV-00523-JKP-RBF, U.S. ex rel. Daniel Montes Jr. and Elizabeth Hudson v. Main Building Maintenance Inc., et al.
Res Judicata Does Not Bar Claims Raised in Private Suit That Did Not Seek FCA Recovery; United States District Court for the Eastern District of Pennsylvania No. 20-2027, U.S. and Pennsylvania ex rel. Alisha Alejandro v. Philadelphia Vision Center, et al.
District Court Only Party Happy with Magistrate Judge’s Recommendation on Relators’ Attorneys’ Fees; United States District Court for the District of New Jersey No. 11-1210, U.S. ex rel. Wendy Bahnsen et al. v. Boston Scientific Neuromodulation Corporation
Whistleblower Lawsuit Against Fresenius Alleges Unlawful Arrangements with Hospitals and Nephrologists Intended to Induce Dialysis Referrals
SCOTUS Rejects Care Alternatives’ Petition to Review Court Split on Objective Falsity
“You Have to Come Down with a Sledgehammer, Not a Toothpick!” – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries
“Come Down with a Sledgehammer”: Sen. Grassley and Acting Civil Division Head Boynton Discuss FCA Priorities
Acting DOJ Civil Division Head and Sen. Grassley Speak about COVID Loan Fraud, Whistleblowers
Hiring Unqualified Candidates Possibly a Contract Violation, Not Necessarily a False Claim for Payment; United States District Court for the District of New Hampshire No. 20-cv-401-PB, Joseph Chalifoux v. BAE Systems Inc. and ATR International Inc.
Plaintiff’s State and Federal Retaliation Claims Sufficiently Distinct to Allow Both to Reach Court; United States District Court for the District of Kansas No. 20-2462-EFM-ADM, Trudi Shouse v. Catholic Charities of Northeast Kansas Inc.
District Court Adopts Swift Standard of Unfettered Right of DOJ to Dismiss Qui Tam Actions; United States District Court for the Southern District of Mississippi, Northern Division, No. 3:15-CV-767-DPJ-FKB, U.S. ex rel. W. Blake Vanderlan M.D. v. Jackson HMA, et al.
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