SKIP TO
CONTENT
Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
featured news
February 20, 2017
False Claims Act Information
Can You Sue A Company Under the False Claims Act If You Don’t Have Copies of Claims for Payment?
A common problem for potential whistleblowers trying to start a case under the False Claims Act (“FCA”) is that they do not always have access to individual claims for payment made by the target defendant. Often this results because the employee does not work in the finance or billing division […]
February 15, 2017
False Claims Act Information
Using Differences in Geographic Scope to Avoid the First-to-File Rule in False Claims Act Whistleblower Cases
As recounted in our previous blog entry, the federal False Claims Act (“FCA”) contains a first-to-file rule, which 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 […]
February 13, 2017
False Claims Act Information
Piercing the Attorney Client Privilege in Qui Tam Whistleblower Cases Under the False Claims Act
It is well established that the scope and conduct of discovery are well within the sound discretion of the trial court. Gaul v. Zep Mfg. Co., No. 03-2439, 2004 U.S. Dist. Lexis 1990, at *3 (E.D. Pa. Feb. 5, 2004) (quoting Marroquin-Manriquez v. Immigration and Naturalization Serv., 699 F.2d 129, 134 […]
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 […]
January 25, 2017
Healthcare Fraud
Medicare Advantage Fraud Part I: Presentment of False Claims by Medical Providers to Medicare Advantage Organizations
Medicare fraud is one of the prime drivers of litigation under the False Claims Act (“FCA”). Under traditional Medicare, service providers are directly reimbursed with federal government funds. In 2003, Congress significantly expanded the availability of an alternative to traditional Medicare known as Medicare Advantage. Medicare Advantage differs from traditional […]
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 […]
November 16, 2016
False Claims Act Legal News
Excellent Opinion in Support of False Claims Act Case for Customs Fraud
The appeals court for the Pennsylvania-New Jersey-Delaware region recently issued an excellent ruling permitting claims of import fraud to proceed. The ruling addressed several different issues, but this article will focus only on two – finding that sufficient details had been pled based on a credible methodology for alleging that […]
November 15, 2016
Contractor Fraud
Businesses That Misrepresent Their “Special Status” Eligibility for Contract or Grant Preferences Can Be Liable Under the False Claims Act
By Susan Schneider Thomas “The Congress has established a number of statutory goals designed to help small businesses compete for Federal contracts. In addition to the goal of awarding at least 23 percent of all Federal prime contracting dollars to small businesses, the Congress also established Government-wide contracting goals for […]
November 13, 2015
Healthcare Fraud
Federal Government Investigating Soaring Pharmacy Reimbursement Claims in Military
According to a startling article published in the Wall Street Journal, several compounding pharmacies are facing possible liability under the False Claims Act for illegal billing practices surrounding customers enrolled in coverage through the military’s TRICARE healthcare insurance program. Described by investigators as “widespread fraud,” the investigation spans across at […]
November 12, 2015
Commodities Futures Trading Fraud
What is Commodities Future Trading? 4 Things You Should Know About Commodity Futures and Fraud
Of the various whistleblower programs in place to date, probably the least well-known is that involving the trade of commodities and futures – an industry regulated by the Commodities Futures Trading Commission. This area of trading can be highly unpredictable, and often the savviest investors are hesitant to take on […]
November 11, 2015
Contractor Fraud
US Software Firms Pay $13 Million to Settle Claims of Unlawful Employment of Russians
Entering into a contract with the US Department of Defense naturally necessitates confidentiality, discretion, and, in some cases, top-level security clearances. Accordingly, government contracts generally contain clauses relating to employment practices the contractor must follow in order to protect national security and ensure that all workers on the project are […]
November 10, 2015
Military Contractor Fraud
Defense Contractor Alleged to Have Overcharged Military for Fruits & Vegetables
Los Angeles-based Coast Produce Company recently found itself in a real pickle amid allegations that it grossly overcharged the U.S. military for the delivery and provision of fresh fruits and vegetables. According to a recent press release, the defense contractor agreed to settle the allegations for $4 million and entered […]
schedule a free consultation
"*" indicates required fields
By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.
$50B+
in Settlements & Verdicts
53+
Years of High-Profile Cases
100+
Attorneys Protecting Your Rights
2X
Named “Trial Lawyer of the Year”
50
States in Which The Firm Has Successfully Litigated Cases
On the Cutting Edge of the Profession
Legal Intelligencer
53
Years
