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1,265 articles from the Compliance & Enforcement Brief.
Articles
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Dismissal of FCA Complaint Pursued Pro Se Should Have Been Without Prejudice; United States Court of Appeals for the Eleventh Circuit No. 20-11260, John Taylor and Tunya Taylor v. the Multiplan Network, et al.
Government May Have Continued to Pay Warzone Contractor Due to Urgent Need, but Those Payments Still Undercut the Relator’s Materiality Argument; United States District Court for the Southern District of New York No. 16 Civ. 1960 (LLS), U.S. Hassan Foreman v. AECOM, et al.
DC Circuit Vacates Portion of FCA Judgment: Government Showed Physicians Never Signed Patient Records, but Failed to Prove Who Did; United States Court of Appeals for the District of Columbia Circuit No. 17-5265, U.S. v. Dynamic Visions Inc., et al.
Imprecise Language on Drug Control Security Requirements Cannot Support FCA Claim; United States District Court for the Northern District of California No. 19-cv-02233-DMR, U.S. ex rel. Carl Kelley and Michael McElligott v. McKesson Corporation
DBE Goals Not ‘Merely Aspirational’ When Contract Threatens Termination for Noncompliance; United States District Court for the Southern District of New York No. 1:19-CV-02096, U.S. v. Spectrum Painting Corp. and Tower Maintenance Corp.
Claims Tainted by Kickbacks Automatically False; United States District Court for the Northern District of California No. 16-cv-02487-JCS, U.S. ex rel. STF LLC v. Vibrant America LLC
Government Can’t Trade Meritless Claims for New Allegations Post-Discovery; United States District Court for the District of Minnesota No. 13-cv-303 (WMW/DTS), U.S. v. Cameron-Ehlen Group Inc., et al.
Use of Defective Software Does Not Necessarily Lead to False Certification; United States District Court for the Southern District of Florida No. 18-20394-Civ-Scola, U.S. ex rel. Derek Lewis and Joey Neiman v. Community Health Systems Inc., et al.
Third-Party Litigation Funding Does Not Disturb Relator’s Standing; United States Court of Appeals for the Eleventh Circuit No. 18-10500, Angela Ruckh v. Salus Rehabilitation LLC, et al.
Medicare Funds Must Be Used for Patient Benefit, Cannot Be Diverted to Other Corporate Uses; United States District Court for the Eastern District of New York No. 12-CV-4425 (MKB), U.S. et al. ex rel. Michael Quartararo v. Catholic Health System of Long Island Inc., et al.
Privilege Waived When Internal Investigation Provided to Outside PR Firm; United States District Court for the District of Massachusetts No. 15-11890-ADB, U.S., et al. ex rel. Lisa Wollman M.D. v. Massachusetts General Hospital Inc., et al.
Allegation That Defendants Billed for Procedures Never Conducted Not a ‘Difference of Medical Opinion’; United States District Court for the Middle District of Georgia, Athens Division, No. 3:19-CV-107 (CAR), U.S. v. Ellis Pain Center, et al.
After Losing Liability Phase, FCA Defendant Successfully Argues Plaintiff Provided No Way for Jury to Calculate Damages; United States District Court for the Central District of California No. EDCV 06-55-GW-PJWx, United States, et al. v. J-M Manufacturing Company Inc.
Defendants Adequately Allege Modified Medical Device Not Identical to FDA-Approved Item, Rendering Claims False; United States District Court for the Northern District of Alabama, Southern Division, No. 2:18-cv-01010-LSC, U.S. ex rel. Brooks Wallace, et al. v. Exactech Inc.
Relators Cannot Recover Attorney Fees for Help with Criminal Investigation, Time Spent Trying to Persuade Government to Intervene; United States District Court for the Eastern District of Virginia No. 1:14-cv-156, U.S. ex rel. Supreme FoodService GmbH v. ANHAM USA INC., et al.
Allegation Defendant Used Armed Militia to Fraudulently Extend Bridge Contract Fails to Hit; United States District Court for the Eastern District of Virginia No. 1:17-cv-01290 (RDA/JFA), U.S. ex rel. ANHAM FZCO, et al. v. Supreme Foodservice GmbH, et al.
Relator Survives Challenge to Standing After Reclaiming FCA Claims from Bankruptcy Trustee; United States District Court for the District of Minnesota No. 13-cv-3003 (WMW/DTS), U.S. ex rel. Kipp Fesenmaier v. the Cameron-Ehlen Group Inc. and Paul Ehlen
Lighting Fails to Strike Twice: Court Denies Motion to Dismiss Amended Complaint Clarifying Theory of Liability; United States District Court for the Middle District of Florida No. 3:18-cv-811-J-32MCR, U.S. ex rel. Jay Gallo and Greg Quinn v. Thor Guard Inc., et al.
No Safe Harbor for Defendants in Massive Medicare Kickback Scheme; United States District Court for the Northern District of Texas, Dallas Division, No. 3:17-cv-02977-M, U.S. et al. v. Medoc Health Services LLC, et al.
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