Tag Archives: False Claims Act

False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional Guidance

By Susan M. Corcoran and Peter S. Seltzer We are seeing a growing number of False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733 cases where defendants test the sufficiency of relators’ pleadings, which is the heightened pleading standard under Rule 9(b). Rule 9(b) acts as a gatekeeping function by requiring that “in alleging … Continue Reading

Justice Department Announces Recovery Of Over $3.5 Billion From False Claims Act Cases In Fiscal Year 2015

The Justice Department announced that it secured over $3.5 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2015 (“FY2015”). This is the fourth year in a row that the Justice Department has recovered more than $3.5 billion in cases under the False Claims … Continue Reading

6th Circuit Holds Applicant Is Not An “Employee” And Has No False Claims Act Cause Of Action Against Prospective Employer

On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant’s claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other environmental statutes. In Vander Boegh v. Energy Solutions, Inc., 14-5047 (6th Cir. Nov. 18, 2014), … Continue Reading

Fifth Circuit Upholds Original Source Requirements under False Claims Act

The Fifth Circuit recently affirmed the dismissal of two Relators’ claims brought under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 based on the Relators’ lack of personal knowledge of the information in their Complaint.  In requiring a federal False Claims Act relator to be an original source of the information underlying the … Continue Reading

Hospital System Agrees To Pay $85 Million To Resolve Alleged False Claims Act Violations

Continuing a trend we reported in January 2014, the U.S. Department of Justice announced another multi-million dollar settlement of alleged False Claims Act (“FCA”) violations.  In this case, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) agreed to pay $85 million to resolve allegations that they violated the False Claims Act by submitting … Continue Reading

Florida Hospice Provider Pays $3 Million to Resolve Alleged False Claims Act Violations

Hospice of the Comforter, Inc. (HOTCI) agreed to pay $3 million to resolve allegations that it violated the False Claims Act (FCA) by submitting false claims to the Medicare program for hospice services provided to patients who were not eligible for the Medicare hospice benefit.  HOTCI did not admit any liability in the settlement.  The … Continue Reading

$237 Million Judgment Against Health Care System for Stark Law and False Claims Act Violations

A federal court ordered Tuomey Healthcare System to pay $237,454,195 after a jury found that it had violated the Stark Law (restricting physician referrals and payments) and the False Claims Act (FCA) when it submitted 21,730 false claims involving physicians with whom it had financial relationships that violated the Stark Law.  United States ex rel. … Continue Reading
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