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February 18, 2014 General

False Claims Act Lawsuit Filed Alleging Faulty and Defective Guardrails

In a recent False Claims Act case out of Texas, industrial guardrail manufacturer Trinity Industries, Inc. is facing significant liability stemming from allegations it secretly altered its production and design of guardrails along national highways, resulting in catastrophic injuries and death for entangled motorists. More specifically, this case highlights an […]
February 17, 2014 General

Cell Phone Accessory Maker OtterBox Faces False Claims Act Liability

The False Claims Act covers a wide array of fraudulent activities. In a case against cell phone accessory maker OtterBox, the federal government alleged its parent company, Otter Products, LLC, shortchanged the government’s Internal Revenue Service with regard to taxes due on imports from China. Under the False Claims Act, […]
February 14, 2014 General

Whistleblower Helps Recover $2.1 Million on Behalf of Army Corps of Engineers

The history of the False Claims Act is steeped in combatting wartime fraud. While exploiting the U.S. government and its troops during times of war is hardly a new concept, its application has changed over time as technologies advance. In a recent case involving the Army Corps of Engineers, one […]
February 13, 2014 General

JP Morgan Settles with Department of Justice for $614 Million

JP Morgan, which is currently the largest U.S. banking entity in terms of assets, agreed earlier this week to settle claims under the False Claims Act involving fraudulent assertions that certain home loans were appropriate for government-backed mortgage insurance. The bank, which is no stranger to settling matters with the […]
February 12, 2014 General

Proposed Rule Centers on Medicare Overpayment

We often report on the widespread epidemic of healthcare fraud within the United States, particularly occurring in conjunction with Medicare and Medicaid patients. These cases often involve healthcare facilities that engage in unethical kickback or referral schemes in order to increase profits and incentivize doctors to use a certain lab […]
February 11, 2014 General

U.S. Government Intervenes in Military False Claims Case

The United States government has opted to intervene in a controversial case involving several defense contractors. The case was originally filed under the whistleblower provisions of the False Claims Act and, after an intense review, the government has stepped in and filed its own complaint. By intervening in this case, […]
February 10, 2014 General

Pension Scam in New York Results in Several Indictments Against Former NYPD Officers

As we have reported in the past, many states maintain legislation on the books to combat false claims for state money, akin to the False Claims Act, which combats false claims for federal money. With regard to healthcare fraud, these cases often invoke both federal and state laws as programs […]
February 7, 2014 General

GE Hitachi Settles False Claims Act Case Involving Nuclear Energy

The False Claims Act has proven useful in helping to promote honesty across several industries. While most often used within the healthcare fraud context, the FCA was recently employed against technology and energy giant GE Hitachi with regard to false statements and misrepresentations made pursuant to securing a grant from […]
February 6, 2014 General

Department of Justice to Intervene in Eight False Claims Act Lawsuits

For those who may be unfamiliar with the procedural jumpstart of a False Claims Act lawsuit, these cases are filed by an individual plaintiff who has firsthand, original knowledge of facts tending to suggest fraud. Plaintiffs are usually current or former employees, but can also be customers, clients, or patients […]
February 5, 2014 General

Fourth Circuit Orders $24 Million False Claims Act Verdict Despite No Damages Proven

The U.S. Constitution prohibits the imposition of excessive civil fines and penalties. In general, the civil side of the law is concerned with making plaintiffs “whole” again and restoring the (financially) damaged party to the place it would have been in but for the defendant’s action or inaction. Civil verdicts […]
February 4, 2014 Canada News

Ontario Court of Appeal Upholds Access to Justice by Clarifying the Limitations Period for Investors to Seek Damages Against Companies

Tuesday Feb 4, 2014 On February 3, 2014, the Ontario Court of Appeal released its decision in three shareholder class proceedings claiming damages under Part XXIII.1 of the Securities Act(1) for misrepresentations alleged to have been made in respect of shares trading in the secondary market. In Green v. CIBC(2) , a […]
February 4, 2014 General

The False Claims Act: A State Perspective

The federal False Claims Act, which has been around since the Civil War era, receives plentiful coverage through the media and blogosphere. However, few people realize that a majority of U.S. states have enacted similar or identical legislation to protect their citizens from fraud on the local level. It is […]
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