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7th Circ. Limits FCA 'Worthless Services' Theory

On Aug. 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”...more

9/12/2014 - False Claims Act FCA Worthless Services Claims

Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless...more

8/29/2014 - False Claims Act Healthcare Healthcare Fraud Jury Verdicts Medicaid Medicare Worthless Services Claims

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

1/15/2014 - Calculation of Damages Cause Theory CMS Compliance DOJ False Claims Act Federal Contractors FERA Fines First-to-File Fraud Halliburton Healthcare Medicare Mortgage Abuses Off-Label Use Overpayment Pharmaceutical Physician Medicare Reimbursements Prescription Drugs Public Disclosure Qui Tam Wells Fargo Whistleblowers WSLA

The First Circuit Joins the D.C. Circuit in Hampering Relators’ Ability to Bring Duplicative Actions Under the False Claims Act’s...

The First Circuit has become the fourth federal court of appeals to address whether a first-filed yet insufficient complaint still qualifies as a pending action under the first-to-file rule of the False Claims Act....more

6/4/2013 - False Claims Act First-to-File Fraud Notice Requirements Pleading Standards

Courts of Appeals Continue to Limit the Government’s Aggressive False Claims Act Theories

This spring saw two significant victories for health care providers in the federal courts of appeals. In both cases, the courts rejected an aggressive government theory under the False Claims Act (FCA), the first related to...more

4/23/2013 - CIGNA Damages Diagnostic Tests False Claims Act FLSA Medicare MedQuest Physicians Supervision

The False Claims Act and Healthcare Providers: Key Results from 2012 and Likely Trends for 2013

From the perspective of False Claims Act (FCA) results, 2012 was a decidedly mixed year for healthcare providers. The bad news was quite bad—increased FCA scrutiny by the Department of Justice (DOJ) led to $3 billion of...more

1/7/2013 - Anti-Kickback Statute Attorney-Client Privilege DOJ Durable Medical Equipment Fashion Design Healthcare Medicaid Medicare Qui Tam Stark Law

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