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1,265 articles from the Compliance & Enforcement Brief.
Articles
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Government Unhappy With Order to Pay for Contractor’s FCA Defense But Doesn’t Challenge the Reasonableness of the Request; COFC No. 17-1763C, The Tolliver Group Inc. v. United States
District Court Agrees ‘Reasonable Interpretation’ Standard in Safeco Decision Applies to FCA; United States District Court for the Central District of Illinois No. 11-cv-3406, U.S. and multiple states ex rel. Thomas Proctor v. Safeway Inc.
Full Contract Price Not Basis for Damages When Government Received Some Benefit of the Bargain; United States Court of Appeals for the First Circuit No. 18-1199, U.S. ex rel. Concilio de Salud Integral de Loiza Inc. v. J.C. Remodeling Inc. and Jose Garcia-Suárez
Disclosure Statements “At Minimum” Ordinary Work Product; United States District Court for the Eastern District of Texas, Sherman Division, No. 4:16-CV-00395, U.S. ex rel. Michael J. Fisher, Keith Franklin, Chezza Hartfield, and Regina McPhaul v. JPMorgan Chase Bank N.A.
Qualified Immunity Does Not Protect State Officials from Federal FCA Claims; United States Court of Appeals for the Fourth Circuit No. 18-1575, U.S. ex rel. Citynet LLC v. Jimmy Gianato, et al.
Challenge to Expert Witness Testimony Better Left for Cross; United States District Court for the District of Utah No. 2:16-CV-304 TS, U.S. ex rel. Gerald Polukoff M.D. v. St. Mark’s Hospital et al.
Plaintiff Alleged No Connection Between Termination by Current Employer and Retaliation by Defendant; United States Court of Appeals for the Fourth Circuit No. 19-1243, U.S. ex rel. Complin v. North Carolina Baptist Hospital et al.
Business Tax Documents Fair Game in AKS Complaint; United States District Court for the District of Kansas No. 17-cv-02395-EFM-GEB, U.S. ex rel. Mona Sabet Edalati, et al. v. Minimally Invasive Surgery Hospital Inc., et al.
Audit of GSA’s Controls to Prevent Contracting With Suspended and Debarred Contractors
SCOTUS: SEC Disgorgement Permissible Under Equitable Relief Doctrine; Supreme Court of the United States No. 18–1501, Charles C. Liu et al. v. Securities and Exchange Commission
Cochise Ruling Sends Dismissed Qui Tam Complaint Back to District Court for Review Under 10-Year Statute of Limitations; United States Court of Appeals for the Tenth Circuit No. 18-4109, U.S. ex rel. Mark Christopher Tracy v. Emigration Improvement District, et al.
Relator Fails to Support Healthcare Fraud Allegations With Facts; United States District Court for the Northern District of Illinois, Eastern Division No. 17 C 6638, U.S. and the State of Illinois ex rel. Thomas Prose v. Molina Healthcare of Illinois Inc. and Molina Healthcare Inc.
Strategic Litigation Choices, Not Government Delay, Pushed Qui Tam Suit Outside Statute of Limitations; United States District Court for the Southern District of New York No. 19-CV-4029 (JMF), U.S. ex rel. John A. Wood, et al. v Allergan Inc.
Attempt to Relitigate Summary Judgment Issues Fails to Raise Extraordinary Circumstance for Interlocutory Review; United States District Court for the District of Minnesota No. 08-1194 (DWF/HB), U.S. ex rel. Ricia Johnson and Health Dimensions Rehabilitation Inc. v. Golden Gate National Senior Care LLC, et al.
Public Disclosure Bar Jurisdictional, Regardless of Other Pleading Deficiencies; United States Court of Appeals for the Second Circuit, No. 18-3376, U.S. ex rel. Don Hanks v. Florida Cancer Specialists, et al.
Experience With Specific Medical Procedures Not Only Avenue to Determining Expertise of Relator’s Witnesses; United States District Court for the District of Utah, No. 2:16-CV-304 TS, U.S. ex rel. Gerald Polukoff M.D. v. St. Mark’s Hospital, et al.
Compliance Week Offers Roadmap for Auditors Managing COVID-19 Challenges
Res Judicata Cannot Bar Qui Tam Complaint When Government Not a Party to Prior Lawsuit; United States Court of Appeals for the Ninth Circuit No. 18-56532, U.S. ex rel. Hrayr Shahinian M.D. v. Kimberly-Clark Corporation
Fourth Circuit Finds Allegedly Fraudulent Medicaid Billings Sufficiently Connected to Medical Services Under Insurance Policy; United States Court of Appeals for the Fourth Circuit No. 18-2376, Affinity Living Group LLC et al. v. StarStone Specialty Insurance Company
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