Whistleblower lawyers based in Washington DC handling False Claims Act qui tam lawsuits nationwide
Our blog contains summaries of recent, significant, False Claims Act court rulings.
Supreme Court Rejects Mandatory Dismissal as Remedy for FCA Seal Violations
December 08, 2016
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...
Third Circuit Issues Decision on “Reverse False Claims” Provision
December 07, 2016
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...
November 22, 2016
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...
June 06, 2016
In United States ex rel. Garbe v. Kmart Corp., 2016 U.S. App. LEXIS 9743 (7th Cir. May 27, 2016) the U.S. Court of Appeals for the Seventh Circuit upheld the district court’s summary judgment ruling that a pharmacy chain that fails to offer its prescription savings club prices to Medicaid and Medicare Part D violates...
Fifth Circuit Rebukes District Court For Overly General Application of the Public Disclosure Bar
April 01, 2015
In U.S. ex rel. Little v. Shell Exploration, No. 14-20156, 2015 U.S. App. LEXIS 2824 (5th Cir. Feb. 23, 2015) the Court of Appeals for the Fifth Circuit chastised the court below for applying the public disclosure bar at too high a level of generality, and held that the bar does not apply unless...
March 31, 2015
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...
July 14, 2014
In United States ex rel. Foglia v. Renal Ventures Management, Inc., 2014 U.S. Dist. LEXIS 10549 (3d Cir. June 6, 2014), the United States Court of Appeals for the Third Circuit joined the First, Fifth and Ninth Circuits and ruled that a “nuanced” reading of the Federal Rule of Civil Procedure 9(b) applies to...
April 22, 2014
In United States ex rel. Rostholder v. Omnicare, Inc., 2014 U.S. App, LEXIS 3269 (4th Cir. Feb. 21, 2014) the Court of Appeals for the Fourth Circuit held that claims submitted to federal healthcare programs for drugs that a pharmacy re-packaged in violation of FDA processing regulations were not false claims. Relator Rostholder worked...
February 12, 2014
In United States ex rel. May v. Perdue Pharma, L.P., 2013 U.S. App. LEXIS 24708 (4th Cir. Dec. 12, 2013), the Fourth Circuit ruled that the version of the FCA’s public disclosure bar in effect prior to a 2010 amendment applies to cases based on pre-amendment misconduct. In U.S. ex rel. May, supra, a...
W.D. PA. Rules Qui Tam Claims not Tolled by Wartime Suspension of Limitations Act
November 20, 2013
In United States ex rel. Emanuele v. Medicor Assocs., 2013 U.S. Dist. LEXIS 104650 (W.D. Pa. July 26, 2013), the Western District of Pennsylvania held in a non-intervened case that a private relator cannot rely on the Wartime Suspension of Limitations Act (WSLA) to toll the limitations statute for FCA claims. In so holding,...
November 18, 2013
In United States ex rel. Gale v. Omnicare, Inc., 2013 U.S. Dist. LEXIS 102658 (N.D. Ohio July 23, 2013), the Northern District of Ohio rejected a qui tam defendant’s “unclean hands” defense on the ground that the defendant lacked standing to assert the relator’s possible wrongdoing as a shield to its own liability. The...
November 14, 2013
In U.S. ex rel. Galmines v. Novartis, 2013 U.S. DIST LEXIS 83100 (E.D. Pa. 2013), the United States District Court refused to dismiss the off-label marketing allegations by the relator, a former Novartis sales representative, when an earlier case alleging off-label marketing of the very same dermatological drug – Elidel – focused on a...