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1,265 articles from the Compliance & Enforcement Brief.
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Free Advertising Might be a Kickback, but Relator Fails to Make the Connection; United States District Court for the District Court of Maryland No. 1:17-cv-00668-SAG, U.S. ex rel. Matthew Fitzer M.D. v Allergan Inc.
Relators Make Strong Case for Stark Law Violations, but Blow Up Complaint with Shotgun Pleadings; United States District Court for the Southern District of Georgia, Savannah Division, No. 4:18-cv-128, Jerry Cohn Jr. M.D. and Sharon Bell v. Genesis Global Healthcare, et al.
Personal Home Foreclosure Not the Kind of Inside Knowledge that Qualifies an Original Source; United States District Court for the District of Colorado No. 17-cv-03084-PAB-STV, U.S. ex rel. James Heron v. Nationstar Mortgage LLC
FCA Relator Can’t Grab Share of Recovery Under Unrelated Settlement, Regardless of Similarity of Facts; United States Court of Appeals for the D.C. Circuit No. 20-7062, U.S. ex rel. Elizabeth Kennedy v. NOVO A/S, et al.
Years of Internal Complaints Sufficient to Put Employer on Notice of Possible FCA Action; United States District Court for the Middle District of Florida No. 2:21-cv-207-SPC-MRM, Amber Rucker v. Great Dane Petroleum Contractors Inc.
Allegations Publicly Disclosed Even Though Newspaper Accounts Did Not Specifically Cry Fraud; United States District Court for the Western District of Virginia No. 5:19-cv-00004, U.S. ex rel. William Sanders, et al. v USAA Federal Savings Bank, et al.
Seventh Circuit Reverses Ruling on Knowledge Element, Finding Defendant Had to Know High-Cost Services Were Material to High Capitation Rate; United States Court of Appeals for the Seventh Circuit No. 20-2243, U.S. ex rel. Thomas Prose v. Molina Healthcare of Illinois Inc. and Molina Healthcare Inc.
Dissent: Materiality Not Shown Where Defendant Failed to Provide One Service Out of Many Possible Services; United States Court of Appeals for the Seventh Circuit No. 20-2243, U.S. ex rel. Thomas Prose v. Molina Healthcare of Illinois Inc. and Molina Healthcare Inc.
Court Can Infer Conspiracy When Kickback Allegations Heavily Dependent on Cooperation Among the Defendants; United States District Court for the District of Kansas No. 17-2060-DDC-KGG, U.S. ex rel. Thomas Schroeder v. Medtronic Inc. and Hutchinson Regional Medical Center
Relators Fail to Show Army Relied on Allegedly Misleading Pricing for FMS Contracts, but Claims Based on Ethics Noncompliance Can Proceed; U.S. District Court for the Northern District of Alabama, Northeastern Division No. 5:13-cv-00830-AKK, U.S. ex rel. Philip Marsteller and Robert Swisher v. Lynn Tilton et al.
Government Need Not Allege Defendant Controlled Charity Providing Copay Assistance to Support AKS Violations; United States District Court for the District of Massachusetts No. 20-11548-NMG, U.S. v Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc.
Private Insurance Fraud Not Actionable Under FCA; United States District Court for the Northern District of California No. 18-CV-02067-LHK, U.S. and California ex rel. Judy Jones v. Sutter Health, et al.
Improbable is Not Impossible: DC Circuit Sends IBM Qui Tam Case Back to District Court; United States Court of Appeals for the D.C. Circuit No. 19-7139, U.S. ex rel. Paul A. Cimino v. International Business Machines Corporation
Is There a Cause of Action for Fraudulent Inducement Under the FCA? DC Circuit Judge Says ‘No’; United States Court of Appeals for the D.C. Circuit No. 19-7139, U.S. ex rel. Paul A. Cimino v. International Business Machines Corporation
Lack of Inter-Corporate Formalities, Owner Control Sufficient to Allege Alter Ego Liability; United States District Court for the District of New Jersey No. 20-14167 (FLW) (TJB), U.S. v Vertical Source Inc., et al.
Defendants Voided FLSA Exemption By Paying Plaintiff Less Than Contractual Base Salary; United States District Court for the Middle District of Pennsylvania No. 4:20-CV-01680, Matthew Heckman v. UPMC Wellsboro, et al.
Malpractice Reporting Laudable, but Not Covered by FCA; United States District Court for the Southern District of Ohio, Western Division No. 1:20-cv-813, Charles T. Mehlman v. Cincinnati Children’s Hospital Medical Center
Plaintiff Can’t Switch Theories of Liability Between Complaint, Response to Summary Judgment Motion; U.S. Court of Appeals for the Eighth Circuit No. 20-2151, Susan Thayer v. Planned Parenthood of the Heartland Inc.
Fraudulent Recordkeeping Material When Award Dependent on Compliant Financial Management System; United States District Court for the Western District of Pennsylvania No. 19-855, U.S. ex rel. Daniel Menoher v. FPoliSolutions LLC and Cesare Frepoli
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