Dobbs v. The Bank of New York Mellon
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October 21, 2014
General
Understanding the Third Circuit’s Foglia Pleading Standard in False Claims Act Cases
When it comes to False Claims Act litigation, one of the most hotly-contested issues surrounds the standards for pleading a claim with specificity. As we have reported in the past, the federal circuit courts are decidedly split on the issue, with several requiring an extremely intensive, fact-specific pleading standard alleging […]
October 20, 2014
General
New Jersey District Court Denies PharMerica’s Motion to Dismiss in Ongoing Omnicare Case
As you may recall, our law firm has maintained a steadfast involvement in the False Claims Act case against pharmacy services giants Omnicare, Inc. and Pharmerica, representing pharmacist relator Marc Silver in his quest to expose the defendant’s ongoing fraud committed against Medicare and Medicaid. In a recent order entered […]
October 17, 2014
General
Tennessee District Court Approves Statistical Sampling in Pivotal False Claims Act Case
As we discussed yesterday, the False Claims Act is often triggered by widespread, pervasive, long-term fraudulent behavior–resulting in voluminous records and hundreds of thousands of invoices evidencing the fraudulent misconduct. As a result, courts have begun to consider whether the use of a statistical random sample of admissions or patient […]
October 16, 2014
General
District Court Allows Use of Sampling in Complex False Claims Act Case Against LifeCare
As you can likely imagine, the sheer volume of evidence that emerges during the investigation and discovery phases of a False Claims Act case can quickly overwhelm the court and create logistical difficulty for the party tasked with presenting such evidence to support an assertion of liability. For instance, if […]
October 15, 2014
General
Pennsylvania Appellate Court Considers Confidential Nature of Qui Tam Actions in Light of Insurance Policy
In the corporate world, companies often take out extensive insurance policies to protect against the inevitable financial harms following a civil lawsuit. Much like any other insurance policy, the insurer will usually include language in the policy terms excluding coverage for any pending lawsuits filed or commenced prior to the […]featured investigations
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