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False Claims Act

Business Consumers Health 

Drug Patents

December 11, 2020December 14, 2020 BRIEF
drugs, False Claims Act, monopoly, patent, pharmaceuticals

A federal court in California refused to dismiss a False Claims Act suit that claims pharmaceutical companies Allergan and Adamas misled the U.S. Patent Office into issuing “invalid” patents protecting Alzheimer’s drugs Namenda XR and Namzaric, which allegedly allowed the companies to have a monopoly.

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Appeals Government Technology 

Qualified Immunity

June 25, 2020June 25, 2020 BRIEF
False Claims Act, Fourth Circuit, Fraud, immunity, internet, West Virginia

The Fourth Circuit vacated and remanded a ruling granting state agencies qualified immunity in false claims allegations concerning money for expanding rural broadband in West Virginia because the fraud allegations implied money had been taken from the government.

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Appeals Government Law 

State Officials Can’t Use Immunity to Dodge Fraud Claims, Panel Rules

June 23, 2020June 24, 2020 BRAD KUTNER
False Claims Act, Fourth Circuit, Fraud, immunity, West Virginia

Legal experts say a new ruling out of the Fourth Circuit could mark the end of state agency officials claiming qualified immunity when they are accused of defrauding the federal government.

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Business Technology 

False Claims

June 15, 2020June 16, 2020 BRIEF
Army, defense contractors, False Claims Act, Settlement

Science Applications International Corporation (SAIC), a Reston, Virginia-based defense contractor, has paid $5,982,865 to resolve allegations that it violated the False Claims Act in an Army contract.

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Business Courts 

Developer Sues Tetra Tech and Feds Over Hunters Point Project

February 27, 2020March 13, 2020 CARSON McCULLOUGH
developers, False Claims Act, Fraud, negligence, pollution, San Francisco Bay Area, U.S. Navy

Land developer Five Point Holdings hit Tetra Tech and the U.S. government with separate lawsuits for special damages Thursday for their roles in the Hunters Point Naval shipyard scandal.

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Business Government National 

NASA Contractor Reaches $375,000 Settlement in Whistleblower Case

January 7, 2020 ERIKA WILLIAMS
contract, False Claims Act, Fraud, NASA, Settlement, Whistleblower

A California-based NASA contractor agreed to pay $375,000 to settle whistleblower claims that it falsely certified support equipment for a rocket launch system conformed to the agency’s specifications.  

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Business Government Technology 

False Claims

October 1, 2019October 2, 2019 BRIEF
False Claims Act, military, software

The United States claims Austin Tele-Services Partners dba Genesis ATS sold the U.S. military and other agencies used Cisco Systems products as new, and “gray market”-sourced products as authentic Cisco products; it seeks treble damages.

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Employment 

Chinese Airplane Parts

September 23, 2019September 23, 2019 BRIEF
China, False Claims Act, Fraud, military, Whistleblower

A federal judge refused to dismiss a fired employee’s complaint that Moog Control System (Shanghai) fired him for complaining that the company “was buying parts for United States military airplanes from a Chinese supplier that was cutting corners and hiding the fraud with false documentation.”

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Appeals Health 

Whistleblower Revived

September 6, 2019September 6, 2019 BRIEF
False Claims Act, Medicare, Ninth Circuit, Whistleblower

The Ninth Circuit revived a whistleblower’s False Claims Act case against Kinetic Concepts on Friday, finding the former employee had adequately alleged a scheme of submitting false claims to Medicare.

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Health 

False Claims

June 10, 2019June 10, 2019 BRIEF
California, False Claims Act, hospitals, kickbacks, mental health, Whistleblower

Pacific Health Corp. and Los Angeles Doctors Hospital Corp. must reimburse Medicare and Medi-Cal to the tune of $560,000, a federal judge ruled, siding with a nurse who said the defendants improperly committed patients to locked psychiatric units in exchange for kickbacks.

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Appeals Government 

Whistleblower Suit Chugs Forward Over Time-Limit Debate

May 13, 2019May 14, 2019 ALEXANDRA JONES
False Claims Act, statute of limitations, U.S. Supreme Court, Whistleblower

Advancing a suit where a defense contractor is said to have taken advantage of a legally blind official, the Supreme Court ruled Monday that the whistleblower claims were not brought too late.

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Financial Government 

False Claims

April 23, 2019April 23, 2019 BRIEF
False Claims Act, Fraud

The United States claims that JD Equipment de Mexico and South Point Equipment LLC submitted fraudulent documents to the government to draw $1.3 million from an insured line of credit.

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Business Government Health 

False Claims

April 17, 2019April 17, 2019 BRIEF
False Claims Act, kickbacks, pharmaceuticals, Whistleblower

Advancing false-claims allegations that pharmaceutical companies paid kickbacks to providers that prescribe its anti-inflammatory drug, a federal judge found that one could conclude the government’s “true motivation [in moving to dismiss] is animus toward the relator.”

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Appeals Business Government 

High Court Appears to Back Generous Time Limit for Whistleblower

March 19, 2019March 19, 2019 TIM RYAN
defense contractors, False Claims Act, statute of limitations, U.S. Supreme Court, Whistleblower

A government contractor said to have lined its pockets in part by tricking a legally blind official appeared unlikely Tuesday to have the Supreme Court nix claims against it under the False Claims Act.

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Business Health 

Medical Kickbacks

March 12, 2019March 12, 2019 BRIEF
False Claims Act, kickbacks

Covidien LP will pay $17.5 million to settle claims that it violated the False Claims Act to induce physicians to buy its vein ablation products, the U.S. Attorney’s Office in San Francisco said.

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Appeals Employment Government 

Fired Air Base Tech Gets New Shot at Pleading Retaliation

December 28, 2018December 28, 2018 BRAD KUTNER
Aviation, False Claims Act, military, retaliation, Whistleblower

A technician who was critical of how United Airlines serviced military-transport planes persuaded the Fourth Circuit this week to let his retaliation claim take flight.

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Courts Government Health 

Feds Pile On

December 11, 2018December 11, 2018 BRIEF
False Claims Act, Medicare, Whistleblower

The Justice Department said Tuesday it will intervene in a whistleblower lawsuit accusing California health care provider Sutter Health and its affiliate Palo Alto Medical Foundation of violating the False Claims Act by faking the health statuses of Medicare Advantage Plan enrollees.

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Government International 

British Airways, Iberia Airlines Settle Mail Dispute for $5.8M

November 13, 2018November 14, 2018 BARBARA LEONARD
Aviation, False Claims Act, mail, Settlement, U.S. Postal Service

British Airways and Iberia Airlines agreed Tuesday to pay $5.8 million to settle claims that they lied to the U.S. Postal Service about what time they delivered foreign mail leaving the United States.

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Government 

Defense Settlement

November 3, 2018November 5, 2018 BRIEF
defense contractors, False Claims Act, Middle East, Settlement

Defense contractor Northrop Grumman Systems Corporation agreed Friday to pay more than $25 million to settle claims it violated the False Claims Act by inflating employees’ hours working on a defense contract in the Middle East.

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Government Health 

$270 Million Fine

October 2, 2018October 2, 2018 ROBERT KAHN
False Claims Act, Medicare

Much-sued DaVita Medical Holdings will pay $270 million to settle claims by the Justice Department that it overbilled Medicare in violation of the False Claims Act.

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