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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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February 9, 2017
False Claims Act Information
Avoiding Application of the False Claims Act’s First-to-File Bar
The False Claims Act’s first-to-file rule provides that “[w]hen a person brings an action under [the False Claims Act], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5). This blog provides an overview of […]
December 23, 2016
False Claims Act Information
The False Claims Act’s Seal Requirement
On December 6, 2016, in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby, [1] the Supreme Court resolved a circuit split in holding that a violation of the False Claims Act’s (“FCA”) seal requirement does not automatically require dismissal of a relator’s claims. Still, relators and […]
October 12, 2015
False Claims Act Information
Pleadings and Amendments: Where Whistleblower Cases Hit Bumps in the Procedural Process
The procedural process involved in a whistleblower lawsuit can be confounding at best, fatal at worst. Fortunately, with the help of a knowledgeable and experienced False Claims Act attorney, cases like the recent D’Agostino v. ev3 Inc. need not crash to a halt over a procedural obstacle. Berger Montague is […]
September 25, 2015
False Claims Act Information
4 Common Defenses Raised in False Claims Act Lawsuits
As a potential whistleblower, it is important to recognize the common defenses raised by defendants as they attempt to avoid massive penalties, fines, and negative publicity. If you are considering a whistleblower lawsuit, you may be concerned by the prospect of taking on a large, multi-national conglomerate as an individual […]
September 22, 2015
False Claims Act Information
Department of Justice Issues Guidance to Federal Prosecutors Working in Corporate Fraud Investigations
The Department of Justice has been concerned with the rising trends of healthcare, defense, and contractor fraud against the U.S. government. Many of these cases involve large corporate conglomerates with multinational field offices and a global presence. Investigating and prosecuting these complex entities under the False Claims Act and other […]
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