Earlier this month, the Supreme Court denied certiorari in United States ex rel. Laurence Schneider, et al. v. JPMorgan Chase Bank, refusing to decide whether the federal government is entitled to absolute deference regarding its decision to dismiss an action brought pursuant to the False Claims Act (“FCA”). The FCA deputizes private citizens to stand […]
Authors: John Roberts (jroberts@sfmslaw.com) or Alec Berin (aberin@sfmslaw.com) On February 5th, U.S. District Judge Cynthia M. Rufe of the Eastern District of Pennsylvania denied PharMerica Corporation’s (“PharMerica”) motion to dismiss a complaint that alleges it violated the False Claims Act (“FCA”). The complaint, filed by four relators who were former employees of PharMerica, contends that […]
On February 20, 2019, Magistrate Judge Ramon E. Reyes, Jr., of the United States District Court for the Eastern District of New York, found that the proposed classes of New York and Florida consumers of Gerber Products Co.’s (“Gerber”) Good Start Gentle baby-formula satisfied their state law requirements, while proposed North Carolina and multistate classes […]
The U.S. Department of Justice (“DOJ”) announced on August 2, 2018, that Beaumont Health (“Beaumont”), a Detroit area hospital system, has agreed to an $84.5 million settlement to resolve a case setting forth False Claims Act (“FCA”) allegations that it defrauded Medicare, Medicaid, and Tricare by paying kickbacks to physicians in return for false billing […]
The U.S. Department of Justice (“DOJ”) announced on July 2, 2018, that FWC Urogynecology LLC (“FWC”), a network of urogynecologists in Florida, has agreed to pay $1.7 million to settle claims that it violated the False Claims Act (“FCA”). The United States notified the court of its intent to intervene and prosecute the suit on […]
On October 4, 2017, the U.S. Department of Justice announced that four hospitals in the Houston, TX area affiliated with HCA Holdings, Inc. (“HCA”) will pay an $8.6 million settlement regarding a False Claims Act (“FCA”) suit. The hospitals, Bayshore Medical Center, Clear Lake Regional Medical Center, West Houston Medical Center, and East Houston Regional […]
U.S. District Judge Mary S. Scriven dismissed a suit brought against HealthMarkets Inc. (“HealthMarkets” or the “Company”) by an anonymous whistleblower (“John Doe” or “Doe”) on May 23, 2017, after the federal government declined to intervene and John Doe dropped the suit. In the complaint, originally filed under seal in April 2016, Doe accused the […]
The False Claims Act (“FCA”) requires a materiality to establish a claim for liability, and defines “material” as a natural tendency or capability to influence a bribe. Earlier this year, the Third Circuit applied a stricter materiality standard in United States ex rel. Petratos v. Genentech Inc. (“Petratos“), 855 F.3d 481 (3d Cir. 2017). The […]
In 2014, Anham FZCO (“Anham”), a United Arab Emirates-based food supply contractor for the U.S. military in Afghanistan, was accused of misleading the government about the construction of a warehouse and its transportation of goods through Iran. Anham currently holds an $8.1 billion vendor contract with the U.S. Department of Defense (“DOD”). One of Anham’s […]
John Wood (“Wood”) served as a senior territory manager for Allergan Inc. (“Allergan” or the “Company”) from October 2008 through July 2010, during which time he became privy to the allegedly illegal practice of bribing physicians to prescribe Allergan drugs in exchange for $100 million worth of drug samples and other goods. Once Wood internally […]
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