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March 28, 2019 News

Berger Montague Files Class Action Lawsuit Against The Glen Mills Schools on Behalf of Abused Children

Berger Montague PC, a national class action and complex litigation law firm, and famed civil rights attorney David Rudovsky of Kairys, Rudovsky, Messing, Feinberg & Lin, LLC, have joined together to file a class action lawsuit on behalf of current and former students of The Glen Mills Schools who were physically and mentally abused while residing under the care of the School.
March 28, 2019 False Claims Act Legal News

Duke University Settles Research Fraud False Claims Act Allegations for $112.5 Million

On March 25, 2019, the Department of Justice announced a large settlement with Duke University for False Claims Act (“FCA”) allegations related to fraud in connection with federal grants. Duke will pay the government $112.5 million to resolve allegations that it violated the FCA through the submission of various applications […]
March 27, 2019 News

H. Laddie Montague Jr. Named 2019 Influencer of Law by Philadelphia Inquirer

Berger Montague is excited to announce that the Philadelphia Inquirer has selected Chair Emeritus & Of Counsel H. Laddie Montague Jr. as a 2019 Influencers of Law Award Winner.
March 13, 2019 Commodities Futures Trading Fraud

Whistleblower Awarded More Than $2 Million By Commodity Futures Trading Commission

An individual whistleblower who provided information about fraud to the Commodity Futures Trading Commission (“CFTC”) was just awarded more than $2 million for information that led to both a CFTC action and a related action brought by another federal agency. The whistleblower’s contribution included significant assistance in analyzing complex market […]
March 11, 2019 Healthcare Fraud

What is Best Price Fraud?

“Best Price” is a term used in connection with Medicaid reimbursement for brand name prescription drugs. Essentially, a drug manufacturer is required to charge Medicaid no more than whatever its best (lowest) price is to a non-government (or commercial) payor. Because Medicaid does not buy drugs outright and furnish them […]
March 6, 2019 Customs Fraud

What is Customs Fraud?

Customs fraud is a catch-all term for frauds committed by companies trying to evade payments that are owed to the federal government in connection with the importation of goods into the United States. While there are many variations, the two major types of payments that are in play for imported […]
February 27, 2019 Healthcare Fraud

Objective Falsity Requirement Under the False Claims Act

Can a False Claims Act case go forward where the only evidence of whether the services at issue were medically necessary are two competing and opposing medical opinions? In a prior blog, we discussed recent holdings in AseraCare I, AseraCare II and Vista Hospice[1].  The main issue addressed in those […]
February 25, 2019 Healthcare Fraud

Differences in Medical Opinion Under the False Claims Act

Courts have recently grappled with the issue of whether a Relator can maintain a case under the False Claims Act (“FCA”) where she retains an expert that says the medical services provided were not medically necessary and the defendant’s medical service provider or its retained expert says the exact opposite […]
February 22, 2019 False Claims Act Information

Whistleblower Rewards: How They Work

The federal False Claims Act (“FCA”) allows an individual with knowledge of fraud upon the federal government, often known as a whistleblower or qui tam relator, to bring a lawsuit on the federal government’s behalf to recover the funds. Many states  have adopted similar laws that apply to fraud upon state […]
February 21, 2019 False Claims Act Information

What is a Qui Tam Relator?

In False Claims Act (“FCA”) cases, the qui tam relator is the whistleblower who brings the FCA claims against the company or individual who is committing fraud. Usually a qui tam relator is an insider—typically a current or former employee—who has access to confidential information showing that his or her […]
February 6, 2019 False Claims Act Information

Tennessee Whistleblower Law

The Tennessee False Claims Act  (“Tennessee FCA”) mirrors the federal False Claims Act (“FCA”), but it involves claims made to state and local governments in Tennessee, as opposed to the federal government. The Tennessee Medicaid False Claims Act (“Tennessee Medicaid FCA”) applies to any false claims made to Tennessee’s state […]
February 4, 2019 Medicaid Fraud

Medicaid Fraud

Medicaid pays for approximately 20% of all healthcare expenses in the United States, over $600 billion each year. Well over 500,000 healthcare providers, ranging from hospital chains to individual doctors to ambulance helicopter pilots, receive payments from Medicaid every year. Inevitably a few of the providers will try to defraud […]
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