September 25, 2014
Rule 9(b)
If you’ve been following along, you’ll know that the federal Courts of Appeal are engaged in a near-even split with regard to the applicability of Federal Rule of Civil Procedure 9(b) in the False Claims Act context. In general, a civil plaintiff must set forth general facts in a complaint […]
September 24, 2014
Healthcare Fraud
It’s another instance of healthcare fraud involving the federal Medicare and Medicaid systems. A prominent California neurosurgeon, his associates, and their distributorship network – Reliance Medical Systems LLC – are facing significant possible liability under the False Claims Act for engaging in unnecessary procedures in order to pad revenue. The […]
September 23, 2014
Healthcare Fraud
While many aspects of the False Claims Act are firmly settled by consistent holdings by federal district and appellate courts, other areas are more grey – including how much weight should be given to the difference between a condition of payment and a condition of participation. In today’s article, we […]
September 22, 2014
Healthcare Fraud
On August 29th, the U.S. Department of Justice filed a complaint against two California-based nursing home facilities known as Country Villa Watsonville East and Country Villa Watsonville West – both of which participate in both Medicare and Medicaid (Medi-Cal). The complaint alleges horrific patterns of patient neglect, including the administration […]
September 19, 2014
Healthcare Fraud
Medical corporation Merck & Co. will decidedly face the music in the ongoing class action and related anti-trust lawsuit involving its mumps vaccine – a product routinely given to babies and children for generations. The issue, which involves allegations of false compliance with FDA standards for vaccines, prompted a False […]
September 18, 2014
False Claims Act Legal News
As we have reported in previous posts, Federal Rule of Civil Procedure 9(b) has emerged as an obstacle in some jurisdictions when applied to the pleadings submitted in False Claims Act cases. In sum, Rule 9(b) imposes heightened specificity requirements in certain federal filings. The rule is often applied in […]
September 16, 2014
Healthcare Fraud
On the heels of a provocative op-ed in the New York Times discussing the nexus between Medicare and the expenses of nursing home care, the U.S. Court of Appeals for the Seventh Circuit issued its much-anticipated opinion in United States ex rel. Absher v. Momence Meadows Nursing Center, which involves […]
September 15, 2014
Omnicare
Repeat offender Omnicare, a nationwide pharmacy services organization, was recently pitted against Fox, Rx, a Medicare Part D program sponsor, in a False Claims Act lawsuit, alleging several counts of fraud involving government healthcare programs. Unlike the liability faced by Omnicare in several other lawsuits, it was able to avoid […]
September 12, 2014
Healthcare Fraud
In a recent False Claims Act case filed in Colorado, the federal government has decided to intervene after engaging in a preliminary investigation of the relator’s claims. The government, which intervenes in approximately 25 percent of all filed False Claims Act cases, will join as an active participant against Evercare […]
September 11, 2014
False Claims Act Information
If you have never been involved in a legal proceeding, much less a federal lawsuit involving an employer or large corporation, the notion of pursuing a whistleblower claim can seem overwhelming and possibly more trouble than it is worth. However, we encourage you to consider the following six tips as […]
September 10, 2014
Contractor Fraud
When it comes to contracts with the government, there are often a number of terms and conditions relating to the procurement of services with vendors and sub-contractors – particularly when federal grant money is involved. In today’s case, we explore a recent settlement between the Washington Metropolitan Area Transit Authority […]
September 9, 2014
Contractor Fraud
In today’s case, we explore a recent False Claims Act settlement involving allegations of payroll fraud against Circle C Construction – a firm tasked with complete construction projects on the U.S. Army base Fort Campbell. At the heart of the allegations are claims involving the Davis-Bacon Act, which is legislation […]