Category Archives: False Claims Act

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Government Recommends Supreme Court NOT Hear Takeda Case

The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc.  The Fourth Circuit had dismissed the case because the plaintiff failed to plead the allegations of fraud with particularity.  Specifically, the government stated that the case is not … Continue Reading

Supreme Court Considers Review of Two False Claims Act Whistleblower Suits

The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit.  The Supreme Court has asked the U.S. Solicitor General to weigh in before the Court decides whether to hear either case.  The two cases are Kellogg Brown & Root Services Inc. … Continue Reading

Federal Government’s FCA Claims Against Iraq Security Contractor Dismissed

The Eastern District of Virginia dismissed a False Claims Act complaint brought by the government and a whistleblower, finding that the government failed to adequately plead that it relied on allegedly false marksmanship tests when it paid a government contractor.  U.S. ex rel. Badr v. Triple Canopy, Inc., Case No. 1:11-cv-288 (E.D. Va. June 19, … Continue Reading

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central District of California to disqualify opposing counsel in United States ex rel., Steven J. Hartpence v. Kinetic Concepts, Inc., Case No. 08-01885 … Continue Reading

The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To File” Rule Does Not Apply Once Initial Action Has Been Dismissed

In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war.  The court also held that the rule barring a False Claims Act plaintiff (a “relator”) from bringing a claim … Continue Reading

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning Module-Level Testing Were Not Protected Activity Under FCA Whistleblower Provision

This blog entry was written by Connie N. Bertram, who represented the defendant contractors in the proceedings before the district court. Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007.  A federal district court … Continue Reading

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing the way for two plaintiffs to bring their False Claims Act (FCA) retaliation claims in Federal court. … Continue Reading

$28 Million Verdict Against Illinois Nursing Home; Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and certifications.  U.S. v. Momence Meadows Nursing Center Inc., No. 04-cv-2289 (C.D. Ill.).  The jury also found that the Company retaliated against … Continue Reading

Proskauer Provides Insight Into a Potential Supreme Court Showdown Regarding the 2009 Amendments to the FCA

In an article (subscription required) published today in Law 360’s newsletters covering Appellate, Corporate, Government Contracts, Health, Life Sciences, and Public Policy matters, James Segroves, a member of Proskauer’s Whistleblowing & Retaliation Group, commented on the circuit split regarding whether 2009 amendments to the False Claims Act (FCA) that expanded the range of conduct targeted … Continue Reading

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

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused false claims to be submitted to Medicare and Medicaid for an unapproved drug, Xenaderm.  This settlement resulted from … 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

2/3 Of DOJ’s Nearly $5 Billion Recovery Under False Claims Act Derived From Whistleblower Suits in 2012

On December 4, the Justice Department announced a record-breaking recovery of $4.9 billion in settlements and judgments in civil cases brought under the False Claims Act (FCA) for the fiscal year ending September 20, 2012. This year’s recovery eclipses the prior record by more than $1.7 billion. The last fiscal year’s recovery comprises more than … Continue Reading
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