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April 5, 2024

Berger Montague Announces that its False Claims Act Whistleblower Case Against CVS Health Will Move Forward to Trial

March 25, 2024

Berger Montague Announces Opening Of Washington, D.C. Office To Add To Its Growing Complex Litigation Capabilities

March 11, 2024

Berger Montague Featured in Law.com’s “Litigators of the Week” for its Work in the Elite University Price-Fixing Case

September 23, 2014 Healthcare Fraud

Massachusetts Attorney General Asks First Circuit to Review Pivotal False Claims Act Ruling

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 […]

#False Claims Act #Rule 9(b) #Whistleblower Lawsuit

September 18, 2014 False Claims Act Legal News

New York District Court Adds to Rule 9(b) Confusion

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 […]

#False Claims Act #Rule 9(b) #Whistleblower

July 3, 2014 False Claims Act Legal News

Third Circuit Addresses Ongoing Pleadings Issue – Adopts Less Stringent Standard

When it comes to filing a complaint under the False Claims Act, there exists a split in the law over the level of specificity required in the factual allegations. The issue, which is considered ripe for Supreme Court review, has sharply divided the federal Circuit Courts and has resulted in […]

#Circuit Courts #False Claims Act #Federal Rule of Civil Procedure 9(b) #Rule 9(b)

March 13, 2014 False Claims Act Legal News

U.S. Solicitor General Explains the Inapplicability of Rule 9(b) in the False Claims Act

As we reported yesterday, the U.S. Solicitor General, upon request by the Supreme Court, submitted its amicus curiae brief in the hotly-contested False Claims Act case Nathan v. Takeda Pharmaceuticals. As a bit of background, this case involves the practice of off-label marketing, which occurs when a drug company promotes […]

#Federal Rule of Civil Procedure 9(b) #Off-Label Marketing #Rule 9(b) #Whistleblower Lawsuit

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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...

Defective Drugs & Medical Devices
Consumer Protection

About the Recalled Philips CPAP, BiPAP, and Mechanical Ventilator Lawsuit: On June 14, 2021, Philips announced a recall of many of its Continuous Positive Airway Pressure (CPAP) and Bilevel Positive...

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