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James Segroves

James Segroves is a senior associate in the Health Care Department of Proskauer. His litigation-focused practice covers a diverse range of subject matters at both the trial and appellate levels of court systems throughout the United States, as well as matters before administrative tribunals.

James regularly represents defendants in litigation brought under the federal False Claims Act (FCA) and similar state legislation. For example, in 2011, James helped convince the United States District Court for the Southern District of New York to dismiss an FCA action brought against a major academic medical center seeking penalties and treble damages exceeding $1.5 billion. In dismissing the case with prejudice, the district court agreed that federal Medicare regulations did not expressly prohibit the accounting practice in question. "The worst that can be said of [the defendant-hospital]," the district court concluded, "that it took advantage of the uncertainty in the regulations to maximize its Medicare billings. This is not fraud." On August 16, 2012, the district court denied the relator's motion to reopen the case based on supposed "newly discovered" evidence, finding that the motion was untimely and lacked substantive merit.

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How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other Anti-Retaliation Statutes

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only requires a plaintiff to prove that discrimination was a “motivating factor” for an adverse employment action. But 20 years later, … Continue Reading

Supreme Court’s Next FCA Whistleblower Case?

Imagine you own a company that does business with a federal agency. The company’s contract with the agency specifies that the company will deliver widgets of a particular quality.  The company delivers widgets to the agency. Years later, two former employees file a whistleblower action alleging that the company violated the FCA because the widgets … Continue Reading

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