16 results for 'cat:"Government" AND cat:"False Claims"'.
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
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
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J. Rodriguez denies several motions, including a motion for a new trial, brought by a healthcare provider after it was subject of a qui tam lawsuit involving fraudulent Medicare billing. While the healthcare company now disputes the methodology by which the number of false claims were counted, “it is simply too late” at this stage for the company to raise this issue, not least because it previously agreed on jury instructions.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: January 30, 2024, Case #: 5:17cv317, NOS: False Claims Act - Torts - Personal Injury, Categories: government, Health Care, false Claims
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: government, Housing, false Claims
J. King dismisses the relator's complaint that Boeing hid that its subcontractor, GDC Technics, was on the brink of insolvency and actually certified GDC's compliance with all contractual and regulatory requirements when it accepted a contract that the relator's company could have taken. The relator supports his express certification allegation with only a two-sentence footnote, which is not enough to make a convincing argument.
Court: USDC Western District of Washington, Judge: King, Filed On: September 29, 2023, Case #: 2:19cv600, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: government, false Claims
Per curiam, the Fifth Circuit finds the district court improperly dismissed claims brought by the former Director of Procurement for the Houston Housing Authority, alleging that it bypassed federal regulations in violation of the False Claims Act. The cited government action bar provides that an action may not be brought if it is “based upon... a civil suit or an administrative... money penalty proceeding in which the Government is already a party.” An Inspector General audit did not qualify as a government action as it is not a civil action or “administrative... money penalty proceeding.” Claims against the city and property management companies were properly dismissed. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-20435, Categories: government, Housing, false Claims
J. Steigmann finds that the lower court properly granted the state's motion to dismiss a quit tam suit alleging that a state employee who works for the Illinois State Police Merit Board obtained her employment by misrepresenting her academic qualifications and submitted false overtime reports to the tune of $67,000. The plaintiff's complaint makes clear that her issue is with the Governor's office - which allegedly knew of and abetted the employee's alleged corruption - not with the state. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: September 5, 2023, Case #: 220622, Categories: government, 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
[Consolidated.] J. Wilson finds the trial court properly ruled in favor of the government on this False Claims Act suit involving the management firm’s overbilling for Medicare reimbursements over a 12-year period. Though the government’s continuing requests for extensions resulted in eight years of delays, this is not cause to dismiss. Case law cited by the management firm does not support its argument for dismissal. Though, because the government fails to invoke tolling according to the FCA, the act’s statute of limitations bars its claims from accruing six years prior to filing its first intervenor complaint. Damages must be remitted accordingly. Affirmed in part. Reversed in part and remanded. The consolidated appeal is dismissed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 21, 2023, Case #: 21-60568, Categories: government, Medicare, false Claims