7 results for 'judge:"Gershon"'.
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. Gershon preserves in part antitrust claims that allege Gerber and Pelligro, two of the leading U.S. infant formula manufacturers, engaged in a scheme to block a pharmaceutical company from entering the store-brand infant formula market. The litigant sufficiently alleges an agreement that gave Pelligro right of first refusal to Gerber's excess capacity monopolized the market. The court, however, dismisses claims against Nestlé S.A. for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: February 6, 2024, Case #: 1:21cv5382, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Gershon orders the operator of an online eyewear marketplace to pay a contact lens manufacturer $227,065 in attorney fees and costs after receiving sanctions in a trademark infringement lawsuit. The court finds the manufacturer’s initial request of $1.1 million in fees to be excessive, deficient and in some cases vague and applies a substantial reduction in both counsels’ hourly rates and hours worked.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: November 21, 2023, Case #: 1:18cv407, NOS: Trademark - Property Rights, Categories: Sanctions, Attorney Fees
J. Gershon grants partial summary judgment to a mortgage lender and sets aside three fraudulent conveyances of a $1 million property in Astoria, New York. The court finds the conveyances were committed with fraud by the property’s previous owners in an attempt to evade or hinder a foreclosure action against the property. The court further issues a declaration that two mortgage liens filed against the property after the transfers took place are bad faith encumbrances and vacates and extinguishes those liens.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: October 16, 2023, Case #: 2:17cv3551, NOS: All Other Real Property - Real Property, Categories: Fraud, Property
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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