139 results for 'cat:"False Claims"'.
J. Rosenthal finds that a company that discontinued payment on a software product contract when the product failed to meet the company’s needs may proceed on a negligent misrepresentation counterclaim against the software firm. An integration clause, stating that the contract supersedes any prior agreements, does not release the software vendor from its responsibility to accurately represent the ability of the product to meet the needs of the company.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv108, NOS: Other Contract - Contract, Categories: false Claims, Contract
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J. Rodriguez denies a compounding pharmacy’s motion to dismiss for want of prosecution after it was sued under the False Claims Act for allegedly falsely inflating prices in bills to the federal government. The pharmacy argued that the U.S. has excessively extended its “intervention deadline” since the original complaint was filed in 2014, but the False Claims Act requires the government to “diligently ... investigate” claims made under the Act, and the delays — rather than reflecting “significant periods of total inactivity” — have instead reflected the government’s efforts to investigate other companies, which are necessary here “because all the defendants were alleged to have participated in the same scheme.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 3, 2024, Case #: 5:14cv212, NOS: Other Statutory Actions - Other Suits, Categories: Government, Due Process, false Claims
[Consolidated.] J. Scudder finds that the lower court properly found the businessman and three associated healthcare companies violated the Anti-Kickback Statute and False Claims Act by knowingly paying kickbacks to induce referrals for medical services, many of which were paid for by Medicare. However, the $6 million judgment against the businessman must be revised, because the lower court did not sufficiently clarify which Medicare claims - all or some - resulted from the illegal kickback scheme. Affirmed in part.
Court: 7th Circuit, Judge: Scudder, Filed On: May 2, 2024, Case #: 22-3295, Categories: Damages, Medicare, false Claims
J. Gershon dismisses, with prejudice, a third-amended False Claims Act suit against the maker of durable medical equipment and two health care providers alleging they submitted fraudulent reimbursement claims to Medicare and Medicaid. The relators fail to allege they were the original sources of the information at the heart of their case and thus fail to meet the law’s original source exception.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: April 30, 2024, Case #: 1:18cv2600, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, false Claims
J. Knapp grants the postal service contractor's motion to dismiss, ruling the employee's claim he "reported concerns" about underpayment of wages to supervisors are too vague and conclusory to meet pleading requirements under the False Claims Act, especially considering there is no information about the specific wage payment violations or how the contractor responded to the reports.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: April 24, 2024, Case #: 1:19cv1900, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Employment, Evidence, false Claims
J. Davis finds the lower court properly denied a retired detective’s motion for summary judgment on a plaintiff’s claims of fabrication of evidence and malicious prosecution. The detective argues on appeal that the plaintiff fails to show a substantial evidence claim and the court erred when they denied him qualified immunity. A reasonable jury could in fact find a substantial showing of this evidence that the detective made false statements. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: April 15, 2024, Case #: 22-1963, Categories: Immunity, false Claims, Police Misconduct
J. Treadwell partially grants the defense contractor's motion for summary judgment on the relator's claims alleging that the contractor violated the False Claims Act by falsifying compliance with contractual training requirements while providing security services in Afghanistan. The relator's claim based on the contractor's failure to comply with pre-deployment training requirements is dismissed. However, the claim based on annual refresher training may move forward. The relator presented evidence showing that people responsible for administering that training were aware of a scheme to forge signatures on training sign-in sheets and make it look like training was occurring when it was not. A genuine issue of fact exists as to whether the contractor submitted false claims for payment based on its failure to comply with the refresher training requirements.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: April 12, 2024, Case #: 5:20cv128, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims
J. Talwani denies an employer’s motion for summary judgment against its former employee’s retaliation claims. A reasonable jury could find the employee was fired under false pretenses, rather than placed on a performance improvement plan, as retaliation for making a False Claims Act complaint.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 10, 2024, Case #: 1:11cv10790, NOS: Other Statutory Actions - Other Suits, Categories: Employment, false Claims, Whistleblowers
J. Kness grants a pharmacy chain’s motion to dismiss the government’s joint complaint and intervention, but denies the pharmacy chain’s motion to dismiss the relators’ third amended complaint. This suit involves the pharmacy chain’s alleged attempt to garner Medicare and Medicaid kickbacks by inducing Cook County patients to fill their prescriptions at one of its specialty pharmacy locations. The court finds the government’s intervention does not allege a proper theory of False Claims Act liability, but that the relators’ amended complaint does.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: March 29, 2024, Case #: 1:14cv1558, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, false Claims
J. Frimpong denies in part a medical equipment manufacturer's motion to dismiss relators' allegations of violation of the False Claims Act. Relators allege that ventilators and patient monitoring systems manufactured and sold by the company are defective and unreliable and that the company "gave kickbacks to hospitals to purchase these devices at government expense." The relators have adequately pleaded remuneration and inducement under the Anti-Kickback Statute and have sufficiently alleged materiality and scienter under the False Claims Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 28, 2024, Case #: 2:19cv10960, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims
J. Kleeh grants the oil and gas service providers' motions to dismiss the whistleblowers' qui tam suit claiming the six companies involved are one interconnected firm with overlapping leadership and organization that share resources, personnel and finances, which should have disqualified them from receiving $13,849,170 in Paycheck Protection Program loans. The whistleblowers failed to provide original source information to the U.S. Department of Justice for consideration of a suit under the False Claims Act, as well as any details of fraud in their amended complaint.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: March 27, 2024, Case #: 1:23cv1, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, false Claims
J. Tostrud grants the former employee's motion for default judgment in suit against his former employer alleging retaliatory discharge under the False Claims Act and breach of contract. Taken as true, the employee's allegations satisfy all the elements of both claims, and the employer's failure to prosecute its counterclaims warrants dismissal of those counterclaims. Judgment is awarded in the amount of $1,821,620.68.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 26, 2024, Case #: 0:22cv2145, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, false Claims
J. Gallagher grants, in part, two medical device firms’ motion to exclude a relator’s expert in the allegations of violations of the False Claims Act and Anti-Kickback Statute. The complaint claims that the firms used a surgeon locator on their website to market potential clients for the Lap-Band product. The relator’s expert has almost 20 years of experience as an accountant and fraud examiner with certification in healthcare compliance. The expert matched the firms’ spreadsheets to the Medicare and Medicaid procedures for the calculations regarding the amount of “inducement-tainted Lap-Band devices.” He fails to account for causation means in the claims at issue are irrelevant and offer no factfinder value. Therefore, the “number of claims” opinions are denied and will not be presented to the jury.
Court: USDC Maryland, Judge: Gallagher, Filed On: March 18, 2024, Case #: 1:17cv668, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Experts, false Claims
J. Woodcock affirms the dismissal of a woman’s applications for in forma pauperis status because they fail to comply with the court’s orders to provide detailed and accurate information. The information the woman provided was contradictory because she claimed to be without income but also to work for a nonprofit, to have $3,000 worth of monthly expenses, including spending $600 per month on her Saint Bernard, and to own a 2020 Jeep.
Court: USDC Maine, Judge: Woodcock, Filed On: March 18, 2024, Case #: 1:23cv460, NOS: Consumer Credit - Other Suits, Categories: false Claims, Attorney Fees
J. Casper allows four science companies’ motion to dismiss a lawsuit brought by a man who claims they violated the False Claims Act by allegedly causing Moderna and Pfizer to submit false claims to the federal government. The man fails to state who, specifically, at these companies falsely certified good manufacturing standards compliance of their vaccines to the government.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 15, 2024, Case #: 1:21cv10866, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Health Care, false Claims, Covid-19