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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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October 6, 2017
False Claims Act Information
A Relator’s Reliance is Irrelevant in a Public Disclosure Bar Inquiry
By Sherrie Savett and Jonathan DeSantis The False Claims Act (“FCA”) contains a public disclosure bar which, generally speaking, prohibits a relator from pursuing FCA claims where the false or fraudulent conduct on which the claims are based has already been publicly disclosed.[1] Various courts have concluded that the public […]
October 4, 2017
False Claims Act Information
Dismissing a False Claims Act Case: Is the Whistleblower Still Eligible for a Reward?
Consider the following scenario: A whistleblower files a complaint against a defendant under the False Claims Act (“FCA”). Then, the whistleblower voluntarily dismisses that complaint (perhaps because the government has declined to intervene, and the whistleblower does not wish to pursue the case at that time.) But then, the government […]
September 29, 2017
False Claims Act Information
Declined vs. Intervened False Claims Act Cases
The False Claims Act allows a private individual to bring a case on behalf of the federal government for fraud against the government. In other words, if an individual (a “relator”) knows of another person or entity who is cheating the government through fraud, the False Claims Act allows the […]
September 25, 2017
False Claims Act Information
The Public Disclosure Bar and “Substantially Similar”
After finding that transactions of fraud have been publicly disclosed, the next step in the public disclosure analysis is determining if the allegations in the complaint are “substantially the same” as those publicly disclosed transactions of fraud. See Moore, 812 F.3d at 301. The Public Disclosure Bar Language Pre/Post 2010 […]
September 12, 2017
False Claims Act Information
FERA and the False Claims Act, Part I: No Direct Presentment Required
In May 2009, Congress passed the Fraud Enforcement and Recovery Act of 2009 (“FERA”), which implemented substantial changes to the False Claims Act (“FCA”) for the first time in two decades.[1] This three-part series of blog articles will discuss three of the most important changes, including (1) a clarification that […]
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