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Searching Content indexed under Litigation, Mediation & Arbitration by Heather O'Shea ordered by Published Date Descending.
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D.C. Circuit Rejects Novel Theory Of Reverse False Claims Liability For Reporting Violations
The prospect of a substantial bounty often motivates enterprising relators to assert novel theories of recovery under the FCA—including, increasingly, under the FCA's reverse false claims provision, ...
United States
24 Jul 2019
2
Public Branding, The OIG's New Method Of Punishing Health Care Entities?
The total number of CIAs between the OIG and health care entities has been decreasing, and the OIG recently decided it would spotlight entities that decline to participate in these agreements.
United States
19 Dec 2018
3
Pharmaceutical Company Agrees To $625 Million False Claims Act Settlement
The Department of Justice ("DOJ") recently announced that it agreed with AmerisourceBergen Corporation ("ABC") and several of its subsidiaries to resolve a False Claims Act ("FCA") case for $625 million.
United States
18 Oct 2018
4
Ninth Circuit Clarifies Import Of Escobar In False Claims Act Litigation
Courts have disagreed over whether Universal Health Services, Inc. v. Escobar, 136 S. Ct. 1989 (2016), announced a mandatory test for implied certification liability under the False Claims Act.
United States
25 Sep 2018
5
Court Overreaches In Requiring Medical Necessity Determination By Labs
On June 9, 2017, the U.S. District Court for the District of Columbia denied a motion to dismiss brought by a laboratory in U.S. ex rel. Groat v. Boston Heart Diagnostics Corp., 2017 WL 2533341.
United States
7 Jul 2017
6
False Claims Act: Circuit Court Questionably Construes Scienter Requirement
The Eleventh Circuit adopted an approach that could conflict with other courts' treatment of the FCA's intent requirement.
United States
27 Jun 2017
7
What Impact Will The New Trump Administration Have On State Attorney General Activity?
These "rollbacks" are seen as openings where state attorneys general can exert their own agenda to investigate, litigate, and regulate businesses.
United States
11 Jan 2017
8
DOJ Issues Rule Implementing Bipartisan Budget Act And Doubling FCA Civil Penalties
On June 29, 2016, the Department of Justice issued an interim rule—the Civil Monetary Penalties Inflation Adjustment, 81 Fed. Reg. 42,491 (June 30, 2016)—that will nearly double civil penalties for False Claims Act violations.
United States
12 Jul 2016
9
美国阿玛林公司与美国食品药品管理局达成药品标示外推广的和解协议
On March 8, 2016, Amarin Pharma, Inc. reached a noteworthy settlement in its lawsuit against the U.S. Food and Drug Administration ("FDA") to protect its First Amendment right to promote the drug Vascepa for nonapproved, off-label uses.
United States
14 Apr 2016
10
Supreme Court Affirms Narrow Scope Of Wartime Suspension Of Limitations Act, Interprets False Claims Act "First To File" Rule
In 2006, Benjamin Carter, a former Kellogg, Brown & Root Services, Inc. ("KBR") employee, brought a qui tam action against KBR, claiming that KBR had fraudulently billed the Government for water purification services in Iraq.
United States
2 Jun 2015
11
Defining The Bounds Of The Public Disclosure Bar And The Scope Of "News Media"
On March 3, 2015, a court in the Southern District of Texas granted a defendant pharmaceutical company's motion for summary judgment on claims brought under the False Claims Act for alleged false claims...
United States
16 Apr 2015
12
Fifth Circuit Clarifies Meaning Of "False" Claim Under False Claims Act
The recent explosion of cases arising under the False Claims Act certainly has caught the attention of those who do business with the government.
United States
16 Jun 2014
13
Recent Order From D.C. District Court Forces Defendants To Produce Results Of Internal Investigations Finding Attorney-Client and Attorney Work Product Privileges Not Applicable
On March 6, a U.S. district court judge, sitting by designation in the District of Columbia, granted a relator's motion to compel and ordered defendants to produce documents constituting the results of the defendants' internal investigations,
United States
19 Mar 2014
14
Illinois Attorney General Reaches Settlement With Diagnostic Centers In Connection With Alleged Violations Of Illinois Anti-Kickback, False Claims, And Consumer Fraud Laws
In a settlement reached in mid-January, MIDI, LLC and 14 Open Advanced MRI centers in Illinois have agreed to pay a total of $1.2 million and cease certain business arrangements with referring physicians in connection with alleged violations of Illinois anti-kickback, false claims, and consumer fraud laws.
United States
24 Mar 2009
15
Grassley Proposes Significant Changes To The False Claims Act
Grassley Proposes Significant Changes To The False Claims Act On September 12, 2007, Senator Chuck Grassley introduced Senate Bill 2041, "The False Claims Correction Act of 2007."
United States
11 Dec 2007
16
Hospitals Should Exercise Caution: Public Policy May Invalidate Economic Credentialing Policies
The Arkansas Supreme Court may have energized the debate concerning economic credentialing by upholding a preliminary injunction that prevented Baptist Health from denying privileges to six cardiologists with ownership interests in a competing specialty hospital.
United States
5 May 2006
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