Department of Justice and State Attorneys General Pursue Private Equity Firms Under the False Claims ActJanuary 7, 2022
Seventh Circuit Reverses District Court On Dismissal Over Particularity; United States Court of Appeals for the Seventh Circuit No. 19-3117, U.S. e rel. John Mamalakis v. Anesthetix Management LLC, et al.January 7, 2022
Eleventh Circuit Affirms Government’s Near-Absolute Authority to Dismiss Qui Tam Cases; United States Court of Appeals for the Eleventh Circuit No. 20-10604, U.S. ex rel. Murray Farmer, et al. v. Republic of Honduras, et al.January 7, 2022
Relator Gets Third Chance to Show Surgery Quota Induced Purchases of Defendants’ Medical Devices; United States District Court for the District of Maryland No. 1:17-cv-00668-SAG, U.S. ex rel. Matthew Fitzer M.D. v. Allergan Inc., et al.January 7, 2022
False Claims Act Amendments Take More Direct Attack at Escobar and Pass Senate Judiciary CommitteeJanuary 7, 2022
Another Circuit Weighs in on the Standard for Evaluating Government Motions to Dismiss False Claims Act ActionsJanuary 6, 2022
Jury Reasonably Found Defendant Acted Intentionally to Avoid Anti-Dumping Duties; United States District Court for the Central District of California No. 2:17-cv-04393-RGK-KS, U.S. ex rel. Island Industries Inc. v. Vandewater International Inc.January 6, 2022
Evidence Showed Hospice Provider’s Poor Patient Documentation, but Not that Government Cared About It; United States District Court for the District of New Jersey No. 08-2126, Victoria Druding, et al. v. Care Alternatives Inc.January 6, 2022
Termination Connected to Complaints About Fraudulent FDA Application Not Actionable Under FCA Without Claims for Payment; United States District Court for the Southern District of New York No. 21 Civ. 4945 (LGS), Kenneth Hennrick v. miR Scientific LLCJanuary 6, 2022
Government Need Not Make Affirmative Defense For Defendant; United States District Court for the Southern District of Indiana, Indianapolis Division, No. 1:14-cv-01215-RLY-DLP, U.S. ex rel. Thomas Fischer v. Community Health Network Inc.January 5, 2022
Protected Activity Lasted 18 Months but Only Most Recent Counts for Temporal Proximity; United States District Court for the District of Minnesota No. 16-cv-1296 (MJD/ECW), Gregory Kvidera v. WECsys LLCJanuary 5, 2022
Eleventh Circuit Upholds Summary Judgment on Retaliation Claim; United States Court of Appeals for the Eleventh Circuit No. 21-10421, Darius Clarke M.D. v. HealthSouth Corporation, et al.January 5, 2022
