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.
October 08, 2013
In United States ex rel. Spay v. CVS Caremark Corp., Civil Action No. 09-4672, 2012 U.S. Dist. LEXIS 180602 (E.D. Pa. Dec. 20, 2012), the U.S. District Court for the Eastern District of Pennsylvania ruled that a False Claims Act (“FCA”) whistleblower complaint alleging that defendant pharmacy benefits managers knowingly submitted false claims to the...
Seventh Circuit Rejects Broad Interpretation of False Claims Act’s Public Disclosure Bar
October 08, 2013
In Leveski v. ITT Educational Services, Inc., the Court of Appeals for the Seventh Circuit denounced a district court’s dismissal of a whistleblower complaint as “yet another instance” of a court applying the False Claims Act’s public disclosure bar at “too high a level of generality.” 2013 U.S. App. LEXIS 13722, at *43 (7th...
March 27, 2013
In United States ex rel. Herron v. Indianapolis Neurosurgical Group. Inc., No. 1:06-cv-1778-JMS-DML, 2013 U.S. Dist. LEXIS 23610 (S.D. Ind. Feb. 21, 2013), the U.S. District Court for the Southern District of Indiana found that the relators had met the pleading requirements of Fed. R. Civ. P. 9(b) in a qui tam action against...
March 27, 2013
In United States ex rel. Mateski v. Raytheon Co., No. 2:06-cv-3614-ODW, 2013 U.S. Dist. LEXIS 26398 (C.D. Cal. Feb. 26, 2013), the U.S. District Court for the Central District of California ruled that public disclosures can bar a qui tam action even when they lack particularity and that a relator must have had a...
March 26, 2013
In United States ex rel. Ana v. Winter Park Urology Associates., P.A., No. 6:10-cv-806-Orl-28TBS, 2013 U.S. Dist. LEXIS 19419 (M.D. Fla. Feb. 13, 2013), the U.S. District Court for the Middle District of Florida held that the public disclosure bar did not apply when the alleged public disclosure was “another qui tam suit involving...
March 22, 2013
In Deck v. Miami Jacobs Business College Co., No. 3:12-cv-63, 2013 U.S. Dist. LEXIS 14845 (S.D. Ohio Jan. 31, 2013), the court ordered the defendants and the relators to arbitrate False Claims Act (FCA) claims and other non-FCA claims in an action in which the government declined to intervene. The court dismissed all claims...
March 21, 2013
In Dillon v. SAIC, Inc., No. 1-12-CV-390, 2013 U.S. Dist. LEXIS 11200 (E.D. Va. Jan. 28, 2013), the U.S. District Court for the Eastern District of Virginia granted the defendant government contractor’s motion for summary judgment in an action brought under the False Claims Act’s (“FCA”) anti-retaliation provision. Factual and Procedural History: The plaintiff...
March 19, 2013
In United States ex rel. Nathan v. Takeda Pharms. N. Am., Inc., No. 11-2077, 2013 U.S. App. LEXIS 765 (4th Cir. Jan. 11, 2013), the U.S. Court of Appeals for the Fourth Circuit ruled that, when a defendant’s alleged conduct “could have led, but need not necessarily have led” to the presentment of false...
January 30, 2013
The U.S. District Court for the Western District of Louisiana in Howell v. Town of Ball, et al., Civil Action No. 12-951, 2012 U.S. Dist. LEXIS 181217 (W.D. La. Dec. 21, 2012) (Howell II), denied a plaintiff’s motion to reconsider its previous ruling that the False Claims Act (FCA), 31 U.S.C. §§ 3729 et...
January 30, 2013
In United States ex rel. Howard v. Shoshone Paiute Tribes, Case No. 2:10-cv-01890-GMN-PAL, 2012 U.S. Dist. LEXIS 182149 (D. Nev. Dec. 26, 2012), the U.S. District Court in Nevada ruled that Native American tribes are not “persons” subject to suit under the qui tam provisions of the False Claims Act (FCA), 31 U.S.C. §§...
January 29, 2013
In United States ex rel. Sillman v. Weston Edu. Inc., No. 4:11-CV-00112-NKL, 2012 U.S. Dist. LEXIS 175637 (W.D. Mo. Dec. 12, 2012), the U.S. District Court for the Western District of Missouri held that the defendant for-profit college’s compliance with a program participation agreement (“PPA” or “program participation agreement”) under Title IV of the...
January 29, 2013
In Berg v. Honeywell Int’l, Inc., No. 11-35001, 2012 U.S. App. LEXIS 25897 (9th Cir. Dec. 19, 2012), the Ninth Circuit Court of Appeals ruled that the term “public disclosures” in the pre-2010 False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., does not include reports prepared on behalf of the Army Audit...