Saturday, October 24, 2020

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Relator Cannot Generally Cite to Deposition Documents as Response to Interrogatory; United States District...

The district court granted in part the defendant’s motion to compel further responses from the relator to a set of interrogatories. The court explained...

Cluttered Pleading Scuttles Qui Tam Complaint Alleging Defendants Sold Junk Goods to Government; United...

The district court granted a motion to dismiss a qui tam case alleging the defendant falsely asserted that its products were capable of performing...

Normal Business Dealings Insufficient to Show Conspiracy to Avoid Anti-Dumping Duties; U.S. District Court...

Motion to dismiss a reverse False Claims Act complaint for failing to plead the allegations with specificity is denied, as the court found the...

United States District Court for the Western District of North Carolina No. 3:17-CV-00037-KDB-DCK, United...

The district court denied one defendant’s motion to dismiss claims alleging he participated in a scheme to defraud Medicare. The court found the government...

Documents Provided to Government by Qui Tam Defendant Not Protected by Privilege; United States...

The defendant’s request to quash an order compelling it to produce documents and presentations it provided to the Department of Justice to convince the...

Defendant Can’t Explain Alleged Billing Fraud As Compliance Requirement; United States District Court for...

The district court denied the defendants’ motion to dismiss a qui tam case alleging healthcare fraud. The defendants argued the complaint was not pled...

Defendants Cannot Show that CMS Guidance Allows for Reimbursement of Travel that Never Occurred;...

The Fifth Circuit denied the defendants’ appeal of a lower court’s decision granting the government’s motion for summary judgment in a Medicare fraud case,...

Failure to State Which Federal Healthcare Program was Defrauded Only First of Many Pleading...

The district court granted the defendant’s motion to dismiss allegations of an illegal kickback scheme and violations of federal and state false claims statutes, finding that the complaint failed the particularity standard. The court found the complaint failed to provide the requisite level of detail and instead was rife with conclusory allegations and missing details. […]
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Escalated Reporting Provides Temporal Proximity Needed to Show Causation in Retaliation Claim; United States...

The district court dismissed a majority of claims in a qui tam case alleging healthcare fraud, finding the relator failed to plead his allegations...

Evidence Too Thin to Show Pharma’s Speaker Events Were Actually Kickbacks; United States District...

The district court granted the defendants motion to dismiss a qui tam complaint alleging the company engaged in an improper physician kickback scheme, finding...