80 results for 'nos:"False Claims Act - Torts - Personal Injury"'.
J. Woodlock finds that a former employee was not fired for reporting fraud, as she claims. She refused to provide her former employer with specifics regarding the fraud she was claiming occurred, and she had been guilty unapproved absences.
Court: USDC Massachusetts, Judge: Woodlock, Filed On: November 13, 2023, Case #: 1:13cv11997, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Whistleblowers
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J. Copenhaver grants the telecommunications service provider's motion to partially vacate his order granting the technology solutions company's motion for summary judgment as to liability on Count VII of its qui tam suit. The company accused the service provider of defrauding the federal government through approval of its grant application to build an open-access, middle-mile broadband internet network in West Virginia with funds from the American Recovery and Reinvestment Act’s Broadband Technology Opportunities Program. Since a settlement was reached prior to trial in December, vacatur is warranted since "Frontier stands to suffer the material reputational consequences of False Claims Act liability upon a tiny fraction of the case to the same degree as if it had been liable for the case in its entirety."
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: November 7, 2023, Case #: 2:14cv15947, NOS: False Claims Act - Torts - Personal Injury, Categories: Communications, False Claims, Technology
J. Saylor certifies for interlocutory appeal the court’s conclusion that, if a Medicare reimbursement claim includes items or services stemming from an Anti-Kickback Statute violation, the claim must also be shown to constitute a false claim under the False Claims Act. Two different judges reached different conclusions on that issue in separate cases.
Court: USDC Massachusetts, Judge: Saylor, Filed On: October 25, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims
J. Nye denies cross-motions to compel regarding an employee relator's allegations of false claims. The False Claims Act does not allow a relator to serve a defendant until the government decides whether it wishes to intervene or to allow the relator to proceed on the government's behalf. The government has moved for dismissal of all claims except the employee's unlawful employment retaliation claim. The employer has not shown that the employee has "possession, custody, or control of any additional medical documents." The employee's "requests are overbroad and would be unduly burdensome to produce."
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 4:16cv226, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Employment Retaliation
J. Cullen grants the U.S. Department of Agriculture’s Farm Service Agency employees' motion to dismiss. The former county executive director alleged she was fired in retaliation for reporting evidence suggesting that some farmers were submitting fraudulent applications for the forage program, which operates effectively as an insurance program for farmers to cover losses from low crop yields. Despite the availability of USDA administrative hearing and appeal procedures, the former director failed to allege that she pursued these procedures before bringing this
action.
Court: USDC Western District of Virginia, Judge: Cullen , Filed On: October 5, 2023, Case #: 4:22cv13, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Whistleblowers, Employment Retaliation
J. Saylor grants in part a pharmaceutical company’s motion for summary judgment against the federal government, who is suing it for allegedly funneling money meant for charitable purposes into increasing sales of its own drug. The government provided enough facts to support that the company violated the Anti-Kickback Statute to withstand summary judgment, but did not sufficiently provide evidence to support that the company is guilty of unjust enrichment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 27, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Business Practices, Medicare
J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Gershon dismisses a False Claims Act whistleblower complaint brought against an oncology clinic for allegedly charging Medicare for overfill oncology medications. The litigant, a healthcare provider, fails to allege its principal had firsthand knowledge of the defendant’s actions or conducted a thorough investigation to corroborate claims made by other sources. As well, it fails to show that the defendant voluntarily disclosed relevant information to the U.S. government, a requirement under the law.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: September 8, 2023, Case #: 1:19cv5125, NOS: False Claims Act - Torts - Personal Injury, Categories: Health Care, Medicare, False Claims
J. Seeger grants a rehab clinic’s motion to dismiss fraud claims brought by two of its former executive employees, which allege that the clinic provided patients with unnecessary therapy in order to milk them for Medicare payouts. The court finds the former employees have not provided sufficient evidence to substantiate their claims, but grants them two weeks to amend their complaint.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: September 8, 2023, Case #: 1:18cv6063, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims
J. Khalsa grants the government's motion to dismiss, ruling the employee of the Medicaid health care organization cannot bring suit under the False Claims Act. He was not the primary source of the allegations regarding the company's refusal to refund overpayments, which bars his suit under the public disclosure doctrine.
Court: USDC New Mexico, Judge: Khalsa, Filed On: August 28, 2023, Case #: 1:16cv1148, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims
J. Rice grants summary judgment to the government for its claim that the prosser farmer knowingly presented fraudulent payment claims for reinsurance by the USDA to RCIS for the 2015 crop year indemnity payments under his insurance policy. The evidence shows that the prosser farmer sold his personal wheat with the company's wheat despite claiming the opposite, among other provable falsehoods. The prosser farmer and the company are jointly and severally liable to the government for $541,200.
Court: USDC Oregon, Judge: Rice, Filed On: August 21, 2023, Case #: 1:21cv3126, NOS: False Claims Act - Torts - Personal Injury, Categories: Evidence, Insurance, False Claims
J. Teeter rules the government may pursue Medicare fraud claims against a physician and his wife, who is also a physician. The government sufficiently showed in court that the couple knew they were falsely submitting 1,383 Place of Service codes.
Court: USDC Kansas, Judge: Teeter, Filed On: August 18, 2023, Case #: 2:17cv2395, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims