Saturday, July 31, 2021

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Relator Adequately Alleged Hospice Services were Unnecessary, Not Provided; United States District Court for...

The district court denied a motion to dismiss a qui tam action alleging Medicare fraud. The defendants argued that the relator had not adequately pleaded that they had falsely billed for hospice services for patients who were not eligible and for services that were not provided. The court found the relator identified specific employees and […]
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Defendants Can’t Claim MACs Legitimized Claims for Unallowable Costs When They Withheld Relevant Information...

The district court denied the defendants’ motion for a judgment as a matter of law and motion for a new trial in the government’s successful case alleging healthcare fraud. The court rejected the defendants’ argument that the government could not pursue recovery under the FCA because the alleged fraud was not detected by the Medicare […]
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Lack of Candor Keeps Defense Counsel Waiting for Payment; United States District Court for...

The district court declined to approve a request by qui tam defendants to pay their attorneys’ fees, citing the defendants’ lack of candor about their finances and their previous attempts to spend down assets, apparently to avoid paying a future judgment in their healthcare fraud case. Although the court had directed defense counsel to explain […]
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What Did You Know and When Did You Know It? LabCorp Can’t Duck FCA...

The district court denied LabCorp’s motion for summary judgment in a qui tam case alleging violations of the False Claims Act and Anti-Kickback Statute....

Defendants’ Internal Policy, Working Group Recommendations Undermine Claim They Were Unaware of State Regulations;...

The district court mostly denied the defendants’ motions for summary judgment in a qui tam case alleging fraud in the provision of mental health...

Delayed Reaction: Relator Can’t Show Current Employer Retaliated for Whistleblowing on Previous Employer; United...

The district court dismissed a complaint alleging unlawful employment retaliation under the FCA, finding that the plaintiff failed to show a connection between any protected activity and his termination. The plaintiff first alleged that he was fired after his current employer discovered that he had filed a whistleblower complaint against a previous employer. However, the […]
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FCA Does Not Preempt State Case Seeking Damages for Malicious Prosecution; United States District...

The district court mostly denied a motion to dismiss a lawsuit alleging malicious prosecution of a qui tam complaint. The defendants, the former relators in the underlying case, argued that the FCA preempts any damages in this case, but the court disagreed, finding that case law supports the concept that qui tam defendants may pursue […]
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Court Declines to Take Jurisdiction Over FCA Case Against Foreign-Based NGO; United States District...

The district court granted the defendant’s motion to dismiss a qui tam complaint on jurisdictional grounds. The plaintiff alleged that an NGO charitable organization...

No Meaningful Distinction between Federal, State FCAs that Requires Separate Analysis; United States Court...

The Sixth Circuit denied an appeal of the district court’s dismissal of a qui tam complaint alleging healthcare fraud. The courts found the complaint devoid of evidence showing that any claims had been submitted to the government, that the claims themselves were false, or that the defendants would have had any knowledge the claims were […]
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Too Much, Too Many, Too Long: Court Finds Subpoena Too Burdensome for Third-Party in...

The district court denied a motion to compel a third party to comply with a subpoena connected to a qui tam case alleging healthcare fraud. The plaintiff wanted the California State Board of Pharmacy to produce documents related to the licensing and inspection of pharmaceutical distributors, as well as the board’s understanding of state and […]
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