Saturday, October 16, 2021

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Relators Successfully Add FCRA Violations to FCA Retaliation Claims: Court Says Invasion of Privacy...

The district court granted in part and denied in part the relators’ motion to file a second amended complaint in their qui tam case alleging healthcare fraud. The court found the complaint adequately described the claims with the required particularity and identified specific conduct by the defendants, including multiple defendants the relators wished to add […]
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Nine-Month Gap Between Reporting and Termination Not Too Remote to Support Retaliation Claim; United...

The district court denied the defendant’s motion to dismiss a claim of unlawful employment retaliation under the FCA. The plaintiff alleged that her former employer fired her after she raised concerns that it fraudulently reported its expenses to the Head Start program and charged admission fees for programs funded by Head Start, when those programs […]
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Alleging Multi-State Fraud Not Enough to Clear Public Disclosure Bar; United States Court of...

The Sixth Circuit affirmed a district court’s dismissal of a qui tam complaint alleging healthcare fraud under the public disclosure bar. The relator alleged that Rite Aid reported incorrect usual and customary prescription pricing to the government, because it failed to account for lower prices offered through a frequent customer discount program. The courts found […]
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First Amendment No Bar to AKS; Statute Targets Conduct, Not Speech; United States District...

The district court denied a defendant’s motions to dismiss a government case alleging violations of the Anti-Kickback Statute and resulting fraud on TRICARE. The government alleged that the defendant improperly paid remuneration to a marketing firm in exchange for its work gaining referrals to his pharmacy. First, the defendant asserted that the government’s indictment did […]
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Raytheon Successfully Axes Retaliation Case; United States District Court for the Northern District of...

The district court granted Raytheon’s motion to dismiss and motion for summary judgment on claims that it fired an employee because he reported potential...

$4.5 Million Hangover: Defendant Who Regrets Not Engaging Counsel Denied Do-Over of FCA Settlement;...

The district court denied a defendant’s motion for relief from judgment. The defendant in a qui tam case alleging healthcare fraud entered into a settlement with the government to resolve the claims against him. However, when the government moved to collect, the defendants alleged the government engaged in misconduct and prevented him from engaging counsel […]
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$400K for 2 Weeks Work: Court Awards Relator Significant Backpay Recovery; United States District...

The district court awarded the relator a portion of the government’s recovery in a qui tam case alleging False Claims Act and Stark Act violations. The government only partially intervened and settled the case over the relator’s objections. Nevertheless, the court found the relator’s allegations substantially contributed to the government’s claims and awarded her 30 […]
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Court Dismisses Huntington Ingalls FCA Case: Relators Fail to Show Subcontractors’ Non-conforming Parts were...

The district court granted the defendants’ motions to dismiss a qui tam case alleging they knowingly billed the Navy for non-conforming parts installed in nuclear submarines. While the relators sufficiently alleged that the defendants’ subcontractors sometimes provided nonconforming parts and that some of these parts ended up installed in Navy vessels, the court found no […]
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Communications with Third-Party Auditor Not Covered by Privilege, Even When Government Requires the Audit;...

The district court granted in part and denied in part the plaintiff’s motion to compel discovery in a qui tam case alleging fraud on government mortgage protection programs. The plaintiff sought communications between the defendant and a third-party auditor engaged to provide an independent foreclosure review at the direction of the government. The defendant argued […]
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District Court Says SCA Reporting Put Defendant on Notice of Potential FCA Lawsuit; United...

The district court denied the defendant’s motion to dismiss a qui tam complaint alleging unlawful employment retaliation under the FCA. The plaintiff alleged he was fired after reporting his employer’s noncompliance with its contract’s prevailing wage requirements. The defendant argued that the plaintiff reported noncompliance with the Service Contract Act, not fraud under the FCA, […]
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