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Whistleblower lawyers based in Washington DC handling False Claims Act qui tam lawsuits nationwide

The Lawyer’s Corner: The Blog for the Qui Tam Attorney

Our blog contains summaries of recent, significant, False Claims Act court rulings.

Whistleblowers Protect Patients from Ineffective Medications

In concluding that the overwhelming majority of the top promoted and top-selling medications that have been rated for efficacy have little to no therapeutic benefit, a recent study published by the Canadian Medical Association Journal (CMAJ) highlights the absolutely essential role of whistleblowers in exposing the illegal methods used by pharmaceutical companies to market these...

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DC Circuit Rules On Public Disclosure and First-to-File Bars

In U.S. ex rel. Shea v. Cellco, No. 15-7135 (D.C. Cir. July 25, 2017) (“Shea”), the United States Court of Appeals for the D.C. Circuit issued an opinion addressing the public disclosure bar and pending case bar (also referred to as the “first-to-file bar”). The D.C. Circuit affirmed in all respects the district court’s dismissal of...

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Supreme Court Rejects Mandatory Dismissal as Remedy for FCA Seal Violations

In State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, 580 U. S. ____ (Dec. 6, 2016) (“Rigsby”), the Supreme Court rejected the proposition that dismissal is the mandatory remedy for violations of the seal requirement of the False Claims Act (FCA). In Rigsby, the relators were initially represented by...

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Third Circuit Issues Decision on “Reverse False Claims” Provision

In United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., 839 F.3d 242 (3d Cir. Oct. 5, 2016), the Third Circuit Court of Appeals clarified the scope of the so-called reverse false claims provision of the False Claims Act (“FCA”) by holding that “failure to pay marking duties may give rise to reverse...

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First Circuit denies motion to dismiss Escobar case, finding noncompliance with Medicaid regulations to be “material”

In United States ex rel. Escobar v. Universal Health Services, Inc., No. 14-1423 (1st Cir. November 22, 2016), the First Circuit, on remand from the Supreme Court, held that the qui tam plaintiff had sufficiently alleged that the defendant’s noncompliance with a Massachusetts Medicaid rule was “material.” Consequently, the court held that the plaintiff’s complaint...

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Fourth Circuit Adopts Implied Certification Theory For Violations of Material Contract Terms and Rejects Challenge to Relator’s Standing Following Government’s Intervention

  In U.S. ex rel. Badr v. Triple Canopy, Inc., 773 F.3d 628 (4th Cir. Jan. 8, 2015) the Court of Appeals for the Fourth Circuit recognized that the knowing violation of a contractual term can lead to FCA liability for false claims under an implied certification theory if the “Government’s decision to pay . . . would be...

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