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June 9, 2026
Division I Men’s Football and Basketball Players Filed a Class Action Against Sports Governing Bodies and Athletic Conferences for Conspiring to Restrict Their Ability to Monetize their Name, Image, and Likeness Rights
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June 3, 2026
Federal Court Certifies Class of Tens of Thousands of Alumni in Elite University Financial Aid Price Fixing Case
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May 22, 2026
45 Berger Montague Attorneys Named to 2026 Super Lawyers and Rising Stars Lists
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March 13, 2014 General

U.S. Solicitor General Explains the Inapplicability of Rule 9(b) in the False Claims Act

As we reported yesterday, the U.S. Solicitor General, upon request by the Supreme Court, submitted its amicus curiae brief in the hotly-contested False Claims Act case Nathan v. Takeda Pharmaceuticals. As a bit of background, this case involves the practice of off-label marketing, which occurs when a drug company promotes […]
#Federal Rule of Civil Procedure 9(b) #Off-Label Marketing #Rule 9(b) #Whistleblower Lawsuit
March 12, 2014 General

Filing Reveals Solicitor General’s Opinion of Government Involvement in Off-Label Marketing

As we have reported in the past, the U.S. Circuit Courts are split on several issues involving the federal False Claims Act. One of the most divisive issues facing the courts today involves the application of Federal Rule of Civil Procedure 9(b). Rule 9(b) requires heightened pleading requirements for plaintiffs […]
#Federal Rule of Civil Procedure 9(b) #Healthcare Fraud #Nathan v. Takeda Pharmaceuticals #Off-Label Marketing #U.S. solicitor general
March 11, 2014 General

U.S. Supreme Court Considers Reviewing Effect of Wartime Suspension of Limitations Act

In any civil action, a concept known as a statute of limitations applies to limit plaintiffs from filing a lawsuit based on incidents occurring more than a set number of years in the past. For example, personal injury cases carry a two-year statute of limitations in several states (e.g., California, […]
#Military Contractor Fraud #statutes of limitations #Wartime Suspension of Limitations Act
March 10, 2014 General

Property Management Firm to Settle Allegations of Defrauding the U.S. Department of Housing

The False Claims Act applies to virtually any intentional submission of a false claim for payment to the federal government. Often times, this involves healthcare fraud and fraud in the defense contracting sector. However, every now and then, a story will emerge involving a less-publicized public entity on the receiving […]
#Department of Housing and Urban Development #HUD #Section 8 housing
March 7, 2014 General

False Claims Authorities Take Aim at Tennessee Mental Health Facility Caught Upcoding

One of the most common practices occurring within the context of healthcare fraud involves a process known as upcoding. When a doctor or nurse performs a medical service, that service corresponds to a universal set of codes used to prepare the patient’s bill. These codes are derived from a compilation […]
#Medicaid Fraud #Medicare Fraud #upcoding
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