Searching Content indexed under Trials & Appeals & Compensation 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
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
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
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
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
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
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
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
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
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
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
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
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