Wednesday, April 14, 2021

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Plaintiff Fails to Argue Reasons for Termination were Pretextual; United States District Court for...

The magistrate judge granted summary judgment to the defendant in a lawsuit alleging unlawful retaliation under the False Claims Act. While the plaintiff did allege fraud only a few weeks before her termination, the court found the complaint was filed only after many months of performance issues and violations of hospital policy, including unauthorized access […]
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10-Year Limitations Period Begins on Date Claim is Submitted, Not Date Government Sends Payment;...

The district court dismissed a qui tam complaint alleging fraud on federally-funded loan programs, finding that the complaint was filed outside the statute of limitations. The relator filed his complaint more than 10 years after the defendants submitted their final request for disbursement from the loan, but slightly less than 10 years after the government […]
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Government’s Claims Accrued When Invoices Were Submitted, Not When Kickback-Tainted Subcontracts Were Awarded; United...

The district court granted in part and denied in part Kellogg Brown & Root’s motions for summary judgment on the government’s complaint alleging the...

Novartis Updates Anti-Bribery Policy Following Settlements

Harry Cassin identifies several highlights from Novartis’ anti-bribery policy, which the company updated after paying nearly $350 million to resolve FCPA allegations over activities in Greece, Vietnam, and South Korea. No gifts, even culturally-appropriate unbranded ones. Use the “front page” test to avoid embarrassment. No facilitating payments, even if legal. No distinction between public officials […]
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No Evidence Landlord Connected to Fraud Committed by Tenant; United States District Court for...

The district court granted the defendant’s motion for summary judgment in a qui tam case alleging fraud on USDA food benefit programs. The relator’s claims led to USDA disqualifying a grocery store from participating in food benefit programs, but after filing her complaint, the relator learned that the market lacked standing to be sued. The […]
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Defendants Can’t Duck Responsibility for Creating Sham SDVOSB; United States District Court for the...

The district court denied a motion to dismiss the government’s complaint alleging that a contractor misrepresented itself as a service-disabled, veteran-owned small business in...

Court Sacks Affirmative Defenses Shifting Burden of Proof to Defendant; United States District Court...

The district court granted the relator’s motion to strike the defendant’s affirmative defenses in a qui tam case alleging fraud on federal housing programs. The relator alleged that the defendant violated the terms of her contract with the Department of Housing and Urban Development by charging rent in excess of the amount allowed by the […]
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Parroting Contract Language Insufficient to Support Breach Claim; United States District Court for the...

The district court granted in part a relator’s motion to dismiss the defendant’s counterclaims in a qui tam case alleging fraud on federal housing programs. The relator alleged that the defendant violated the terms of her contract with the Department of Housing and Urban Development by charging rent in excess of the amount allowed by […]
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Defendant’s Nationality, Immigration Status Irrelevant to Qui Tam Complaint; United States District Court for...

The district court dismissed a relator’s complaint alleging the defendant falsified medical diagnoses in order to conduct and bill for medically unnecessary tests. The court found the relator identified patients and tests, but no subsequent claims for the services. The defendant also moved to strike certain allegations as irrelevant and prejudicial, including comments about his […]
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Possible Future Retaliation Insufficient to Maintain Seal on Dropped Qui Tam Case; United States...

The district court declined the relator’s motion to maintain the seal on his qui tam complaint alleging FCA violations and retaliation, finding his concerns about hypothetical possible future retaliation did not outweigh the presumption of public access to court documents. However, the court granted the government’s motion to maintain the seal on its motion for […]
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