Thursday, October 22, 2020

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Attendance at Management Meetings Not the Kind of “Insider Knowledge” Needed to Overcome Failure...

The district court dismissed the entirety of a complaint alleging the defendants submitted false claims to Medicare for medically unnecessary durable medical equipment. The...

No Immunity When Bid-Rigging, Kickbacks Not Within Government Employee’s Job Descriptions; United States District...

The district court granted the relator’s motion for leave to file an amended complaint, which he filed instead of opposing the defendants’ motion to...

Lack of Particularity Sinks Most, but Not All, Healthcare Fraud Claims; United States District...

The district court mostly granted multiple motions to dismiss by the defendants in a qui tam case alleging healthcare fraud, finding that the claims of false presentment and conspiracy were not asserted with the required particularity. The court allowed false presentment claims and a retaliation claim to proceed against the relators’ employer, finding the allegations […]
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No AKS Violation Where Relators Fail to Show Compensation for Referrals; United States District...

The district court granted one defendant’s motion to dismiss a qui tam case alleging fraud on Department of Energy-related healthcare compensation programs. The relators...

Healthcare Fraud Claims Fail to Show Link Between Alleged Fraudulent Diagnoses and Submission of...

The district court granted a motion to dismiss filed by two co-defendants in a qui tam case alleging fraud on Department of Energy-related healthcare compensation programs. The relators alleged multiple counts of fraud, including the creation of fraudulent letters of medical necessity for services under the program; payment of illegal kickbacks and gifts; and billings […]
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Court Dismisses Qui Tam Complaint Against Third-Party Hired by Defendant After Dates of Alleged...

The district court granted one defendant’s motion to dismiss a qui tam complaint alleging fraud on federal student financial assistance programs. The relator argued...

Dismissal of FCA Complaint Pursued Pro Se Should Have Been Without Prejudice; United States...

The Eleventh Circuit partially affirmed the dismissal of a qui tam case that the relators pursued pro se, explaining that that courts have no jurisdiction to hear FCA complaints when a relator does not have counsel. However, the appeals court found the district court erred in dismissing the case with prejudice, as a dismissal for […]
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Government May Have Continued to Pay Warzone Contractor Due to Urgent Need, but Those...

The district court denied the relator’s motion for leave to file a fifth amended complaint in his qui tam case alleging AECOM defrauded the...

DC Circuit Vacates Portion of FCA Judgment: Government Showed Physicians Never Signed Patient Records,...

The DC Circuit affirmed the majority of a district court’s grant of summary judgment in favor of the government in an FCA case alleging...

Imprecise Language on Drug Control Security Requirements Cannot Support FCA Claim; United States District...

The district court granted the defendant’s motion to dismiss a qui tam case alleging the company violated the FCA by falsely implying compliance with other federal regulations. The relators alleged that the defendant’s lax security allowed for the theft of controlled pharmaceuticals, in violation of the Comprehensive Drug Abuse Prevention and Control Act, and that […]
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