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September 19, 2017
News
Berger Montague and Kehoe Law Firm, P.C. File Class Action Lawsuits Against Experian and TransUnion Over Inaccurate Tax Lien Reporting
The complaints allege that Experian and TransUnion, two of the “big three” U.S. consumer reporting agencies, willfully violated the Fair Credit Reporting Act (“FCRA”) by reporting tax liens that were already paid and failing to follow reasonable procedures to ensure that the tax lien information they reported was as accurate as possible.
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 […]
August 18, 2017
Tax Fraud
The False Claims Act Tax Bar
The False Claims Act (“FCA”) generally applies to all false or fraudulent “claims” and broadly defines “claims” as including any request or demand for Government funds.[1] However, a little known provision of the FCA provides that it “does not apply to claims, records, or statements made under the Internal Revenue […]
August 9, 2017
False Claims Act Information
Issues Arising Under the False Claims Act’s First-to-File Rule
The First-to-File Rule One of the many procedural obstacles that a potential qui tam plaintiff must overcome is the first-to-file (“FTF”) rule. This provision of the False Claims Act (“FCA”) states that “no person” other than the Government may intervene or bring a related action based on the facts underlying […]
August 1, 2017
False Claims Act Information
“Transactions of Fraud” in the Third Circuit
The Third Circuit has repeatedly held that “to constitute ‘allegations or transactions,’ the public disclosure must either allege the actual fraud, or must allege both the misrepresented state of facts and the true state of facts such that an inference of fraud may be drawn.” United States ex rel. Morgan […]
July 26, 2017
False Claims Act Legal News
Ninth Circuit Applies Escobar to Assess Materiality in False Claims Act Case
The Ninth Circuit applied the materiality requirement for claims under the False Claims Act (“FCA”) and provided guidance for the application of the Supreme Court’s seminal decision on the FCA’s materiality requirement in Universal Health Servs., Inc. v. United States ex rel. Escobar.[1] The False Claims Act’s Materiality Requirement Under […]
July 24, 2017
Contractor Fraud
Employees and Competitors Should Be on the Lookout for Violations of “Buy American” Laws in Federal Procurement, Part II
We previously wrote about the adverse inference permitted by the court in United States ex rel. Scutellaro v. Capitol Supply, 2017 WL 1422364 (D.D.C. Apr. 19, 2017). That inference allowed the whistleblower and the government to prove the falsity element of their claims against a supplier of office products to […]
July 21, 2017
Contractor Fraud
Employees and Competitors Should Be on the Lookout for Violations of “Buy American” Laws in Federal Procurement, Part I
Earlier this year, the D.C. District Court denied cross-motions for summary judgment in a False Claims Act (“FCA”) case alleging that defendant Capitol Supply sold document shredders manufactured in China through the General Services Administration (“GSA”) website, in violation of the Trade Agreements Act (“TAA”). United States ex rel. Scutellaro […]
July 19, 2017
False Claims Act Information
Can a Promulgated Court Opinion in a Qui Tam Case be Vacated Upon the Parties’ Request in Order to Facilitate a Settlement? Part II
By Sherrie Savett In Part I of this blog series, we established that Courts have discretion to vacate, but it should not be used “absent exceptional circumstances.” Amaefule v. Exxonmobil Oil Corp., 630 F. Supp. 2d 42, 43 (D.D.C. 2009) (quoting U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 […]
July 17, 2017
False Claims Act Information
Can a Promulgated Court Opinion in a Qui Tam Case be Vacated Upon the Parties’ Request in Order to Facilitate a Settlement? Part I
By Sherrie Savett The Motivation to Vacate Often the parties in a hotly contested case want to settle, but the removal of a negative opinion affecting one side or the other is even more important than the money involved. This can be true for defendants who want to remove a […]
July 14, 2017
False Claims Act Legal News
Court Allows False Claims Act Case Involving Janssen’s HIV/AIDS Drugs to Proceed
On May 31, 2017, the United States District Court for the District of New Jersey allowed relators’ False Claims Act (“FCA”) lawsuit against Janssen to proceed to litigation. United States et al. v. Johnson & Johnson, et al., Civ. A. No. 12-7758, 2017 WL 2367050 (D.N.J. May 31, 2017). Although […]
July 12, 2017
False Claims Act Legal News
Circuit Court Endorses Tri-Partite Inquiry in Analyzing Medical Necessity Under the False Claims Act
On May 1, 2017, in United States ex rel. Petratos v. Genentech, Inc., 855 F.3d 481 (3d Cir. 2017), the United States Court of Appeals for the Third Circuit endorsed a tri-partite approach in analyzing the medical necessity theory of liability under the False Claims Act. While the Third Circuit […]
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