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Public Disclosure False Claims Act (FCA) Qui Tam

Stevens & Lee

Public Disclosure Bar Applies – Court Dismisses Whistleblower’s False Claims Complaint

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A recent U.S. District Court decision provides a good example of how federal courts will apply the public disclosure/original source rules in whistleblower cases alleging that health care providers violated the False Claims...more

Stevens & Lee

Federal Case Details How a Relator-Whistleblower Satisfies the False Claims Act’s “Original Source” Requirement

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An important threshold question in qui tam cases under the False Claims Act is whether the relator-whistleblower is the original source of the information forming the basis for the claim. This is because qui tam actions under...more

The Volkov Law Group

2021 False Claims Act Year in Review: Judicial and Congressional Developments (II of II)

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As for the Judiciary, the U.S. Supreme Court did not issue any relevant decisions nor grant certiorari in any notable FCA cases in FY21. To the contrary, they denied petitions to review appellate cases of potential...more

McGuireWoods LLP

“Expert” Analyzing FOIA Report Barred as Public Disclosure

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A federal district judge in the Northern District of California dismissed a qui tam suit in late 2020 under the public disclosure bar of the False Claims Act (“FCA”). United States ex rel. Jones v. Sutter Health, No....more

McGuireWoods LLP

Federal Judge Dismisses False Claims Act Lawsuit Citing Advertisement as Public Disclosure

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Recently, a federal judge in the Central District of California granted a Motion to Dismiss on behalf of a manufacturer of ophthalmic lenses alleged to have engaged in an illegal kickback scheme, based on the public...more

Arnall Golden Gregory LLP

Sixth Circuit Finds Public Disclosure Bar Precludes Suit Against Related Entity for Corporate-Wide Conduct

On June 3, 2020, the Sixth Circuit affirmed the dismissal of qui tam claims as barred, citing prior public disclosures. Holloway v. Heartland Hospice, Inc., Case No. 19-3646 (6th Cir. 2020)....more

McGuireWoods LLP

Sixth Circuit Holds Qui Tam Plaintiff a Government “Agent” for Public-Disclosure Bar

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A recent Sixth Circuit opinion continues to “snuff [ ] out parasitic suits” brought under the False Claims Act (“FCA”) through the public-disclosure bar. In U.S. ex rel. Holloway v. Heartland Hospice, Inc. (June 3, 2020...more

Morrison & Foerster LLP - Government...

Materiality & The Public Disclosure Bar: Fending Off Qui Tam Attacks

Enforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters. Following the unprecedented infusion of public money...more

Bass, Berry & Sims PLC

Public Disclosure Bar and Pleading Deficiencies Doom Tennessee FCA Case

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On February 25, the U.S. District Court for the Western District of Tennessee dismissed a relator’s qui tam False Claims Act (FCA) suit alleging that the defendants had continued the “exact scheme” previously alleged in U.S....more

Cozen O'Connor

Notice of Appeal - January 2020

Cozen O'Connor on

Last fall, in United State ex rel. Silver v. Omnicare, Inc. (3d Cir. 2018), the Third Circuit addressed the False Claims Act’s public disclosure bar. The Court held that a qui tam relator’s claim is not barred by reliance on...more

Mintz - Health Care Viewpoints

Third Circuit Dismisses FCA Case Under Pre-ACA Version of Public Disclosure Bar

The Third Circuit Court of Appeals recently dismissed a relator’s False Claims Act (“FCA”) case under the pre-Affordable Care Act (“ACA”) version of the public disclosure bar. The court decided in U.S. ex rel. Denis v. Medco...more

Troutman Pepper

Third Circuit Provides Defense for FCA Claims Concerning Pre-2010 Conduct

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On June 18, the Third Circuit affirmed a District of Delaware decision dismissing a False Claims Act (FCA) case against Medco Health Solutions, Inc. because the relator was not an original source of the information underlying...more

Farrell Fritz, P.C.

EDNY Decision Highlights False Claims Act Public Disclosure Bar, Original Source Rule

Farrell Fritz, P.C. on

EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision based on a qui tam Relator’s claims that defendants marketed a test to measure the levels of a...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

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A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Akin Gump Strauss Hauer & Feld LLP

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Saul Ewing LLP

Simpson v. Bayer Healthcare and the “Original Source” Exception: Eighth Circuit’s Interpretation Ups the Ante for Defendants in...

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The Eighth Circuit in Simpson v. Bayer Healthcare became the latest circuit court to weigh in on the meaning of the “original source” exception to the False Claims Act’s public disclosure jurisdictional bar. The public...more

Bass, Berry & Sims PLC

FCA Deeper Dive: Original Sources under the FCA’s Public Disclosure Bar

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The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Bass, Berry & Sims PLC

Healthcare Fraud and Abuse Review 2016

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Bass, Berry & Sims is pleased to announce the release of its fifth annual Healthcare Fraud and Abuse Review 2016. The Review, compiled by the firm’s Healthcare Fraud Task Force, is an industry-leading guide to healthcare...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2016 Year in Review

We are pleased to present Bradley’s annual review of significant False Claims Act (FCA) cases, developments, and trends. From a relatively short article several years ago, the Review has grown to a significant publication...more

Dorsey & Whitney LLP

D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites

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Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a district court’s dismissal of a qui tam action under the oft-litigated, “public disclosure bar,” where the transactions that gave rise to an inference of...more

McGuireWoods LLP

7th Circ. May Be Willing To End FCA Circuit Split

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The False Claims Act’s “public disclosure bar” calls for dismissal of complaints by qui tam plaintiffs (or “relators”) whose allegations have already been publicly disclosed. The primary aim of the bar is preventing parasitic...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2015 Year in Review

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth...more

Dorsey & Whitney LLP

Third Circuit Upholds Application of pre-ACA Public Disclosure Bar to FCA Claims Filed after the ACA’s Effective Date

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On August 26, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to apply the version of the FCA’s public disclosure bar in existence before the enactment of the Patient Protection and...more

Faegre Drinker Biddle & Reath LLP

Whistleblower Filed Too Early & Too Late for Share of $322M SCAN Scam Recovery

During his days as a data encounter manager at SCAN, Jim suspected the company had been double-billing Medicare and Medicaid for years. He expressed his concerns within SCAN. When he refused a job reassignment, he was fired....more

PilieroMazza PLLC

Ninth Circuit Eases Ability for Whistleblowers to Bring Qui Tam Actions

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In an important development under False Claims Act (“FCA”) case law, the U.S. Court of Appeals for the Ninth Circuit has expressly abrogated former precedent limiting the ability of whistleblowers to recover funds reimbursed...more

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