Tuesday, January 25, 2022

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Protected Activity Lasted 18 Months but Only Most Recent Counts for Temporal Proximity; United...

The district court denied the defendant’s motion to dismiss a complaint alleging retaliation under the FCA. The defendants argued that because the plaintiff’s protected activity began more than 18 months before his termination, he could not demonstrate a temporal connection between the conduct and his firing. However, the plaintiff asserted that his complaints about fraud […]
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Eleventh Circuit Upholds Summary Judgment on Retaliation Claim; United States Court of Appeals for...

The Eleventh Circuit upheld a district court’s grant of summary judgment to the defendants in a case alleging FCA retaliation. The district court held that the plaintiff had not shown that the defendants were on notice of his protected activity. Further, the court found that the defendants had put forth a legitimate reason for their […]
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Government’s Partial Intervention Does Not Prevent Relators from Pursuing Non-Intervened Claims; United States District...

The district court denied the defendants’ motions to dismiss and for change of venue in a qui tam case alleging healthcare fraud and employment retaliation. The first defendant argued that the relators could not pursue their claims against it, because the government did not intervene in those claims, but the court declined to adopt this […]
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Hostile Termination Process Undercuts Defendant’s Argument that Plaintiff’s Firing was Legitimate Business Decision; United...

The district court granted in part the defendants’ motion for summary judgment in a case alleging retaliation under the FCA. The court found that several of the plaintiff’s claims did not amount to protected activity. It also found a lack of temporal proximity between the plaintiff’s protected activity and his termination undercut his allegation that […]
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Competing Experts, Scienter Dispute Block Cross-Motions for Summary Judgment; United States District Court for...

The district court denied cross-motions for summary judgment in a qui tam complaint alleging healthcare fraud. The relator alleged the defendant submitted claims for treatments that were either never performed or were medically unnecessary, given the frequency of treatments provided per patient. The defendant argued that the treatments were provided as part of an approved […]
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Eleventh Circuit: District Court Properly Shifted Burden of Proof Once Defendants Made Their Case;...

The Eleventh Circuit affirmed a district court’s grant of summary judgment in favor of the defendants in a qui tam case alleging healthcare fraud. The district court granted summary judgment after finding that the relator was not qualified to order therapy or write prescriptions and that she was not familiar with the defendants’ billing practices. […]
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Court Finds No Clear Intent Congress Intended to Abrogate Eleventh Amendment Immunity for FCA...

The district court granted the defendants’ motion to dismiss a claim of retaliation under the FCA, finding them protected from the claims based on the states’ Eleventh Amendment immunity. The defendants first argued that FCA retaliation claims can only be brought against “persons,” and therefore the claims must be dismissed. However, while liability for FCA […]
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Government Does Not Measure CID Response by Weight; United States District Court for the...

The magistrate judge recommended denying a motion to quash a government CID seeking information related to an investigation into healthcare fraud. The target of the CID argued that the government’s request was too broad and unduly burdensome, but the judge found little support for this argument. The movant did not show why production of certain […]
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FCA Defendant Can’t Use His Kids to Shield Assets; United States District Court for...

The district court denied a motion to quash the government’s writs of execution on several bank accounts held in bond after the successful prosecution of a lawsuit asserting FCA and Anti-Kickback Statute claims. The defendant’s adult children argued that they owned two of the accounts and therefore the government could not seize their assets. However, […]
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Court Orders Bank Defendants to Produce Documents That Could Help Scuttle Their Summary Judgment...

The district court granted the relator’s motion to defer a ruling on the defendant’s motions for summary judgment in a qui tam case alleging fraud on government loan-modification programs. The defendants moved for summary judgment, challenging the relator’s case on the materiality and scienter. In his motion, the relator argued that discovery was not yet […]
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