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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 […]

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 […]

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 […]

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 […]

Shareholder Investigation of BT Group plc

TORONTO–(BUSINESS WIRE)–Morganti Legal, a firm focused on representing shareholders with investments in international companies, has commenced an investigation into potential violations of securities laws by BT Group plc (NYSE: BT, LSE: BT.A, and FSE: BTQ) in connection with the Company’s “inappropriate” accounting in its Italian division. On October 27, 2016, BT […]

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 […]

Morganti Legal Initiates Ontario Shareholder Litigation against Volkswagen Aktiengesellschaft

TORONTO–(BUSINESS WIRE)–Morganti Legal, P.C., a cross border shareholders’ rights law firm, has commenced a shareholder lawsuit against Volkswagen AG (“VW”) for publishing investor documents containing misrepresentations of material fact about its business operations between March 12, 2009 and September 18, 2015. The lawsuit alleges that VW published core and non-core investor […]

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 […]

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 […]

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 […]

Material Updates: Canadian Shareholder Litigation Against BP p.l.c.

Morganti Legal, a shareholder rights law firm, responds to questions from Canadian-based investors about the ongoing shareholder litigation in Canada concerning BP, p.l.c. (herein after “BP”) (XETRA: BPE5, LSE:BP.L, and NYSE:BP.N). The BP shareholder litigation arises from the April 20, 2010 explosion of BP’s Deepwater Horizon in the Gulf of […]

BP Investors Return to Ontario Court Seeking the Access to Justice that was Denied Internationally

On March 3, 2016, the Plaintiff, on behalf of the Class of Canadian-based BP investors that purchased BP’s securities between May 9, 2007 and May 28, 2010, filed a motion to remove the stay of proceedings instituted by the Ontario Court of Appeal on August 14, 2014. The stay of […]