43 results for 'nos:"Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property"'.
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 5:23cv5071, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
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
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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. 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
J. Thrash denies the relator's motion to dismiss the medical equipment manufacturer's breach of fiduciary duty and breach of contract counterclaims in a False Claims Act action arising from the manufacturer's allegedly fraudulent claims for reimbursement and retaliation against the relator for trying to bring the manufacturer into compliance with the law. The breach of fiduciary duty counterclaim based on the relator's alleged mishandling of a license renewal application is not barred by public policy. A reasonable jury could find that misleading the manufacturer with respect to how the renewal process was going was sufficiently negligent to be considered a breach of the duty of care. However, the counterclaim based on the relator's used of confidential information is barred by public policy.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 27, 2024, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fiduciary Duty, False Claims
J. Grimberg denies the company's motion for an interlocutory appeal of an earlier order in an action brought by the relator alleging violations of the anti-kickback statute and False Claims Act. The order denied cross-motions for summary judgment and ruled on various motions to seal, exclude expert testimony and exclude evidence. It would not be appropriate to certify a question to the 11th Circuit as to whether a violation of the statute must be a but-for cause of a subsequent claim for that claim to be punishable under the Act. The relator's alternative theory of causation should proceed to trial.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: January 9, 2024, Case #: 1:18cv3728, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Ozerden partly grants a medical center administrator's motion to dismiss claims filed by relators for allegedly submitting false Medicare reports. Some of the claims exceed the statute of limitations, specifically claims based on reports submitted before October 18, 2012.
Court: USDC Southern District of Mississippi , Judge: Ozerden, Filed On: December 21, 2023, Case #: 1:16cv38, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Medicare, False Claims
J. Boyle grants, in part, a healthcare billing company's motion to seal or redact certain exhibits in a false claims case regarding its alleged failure to timely bill liable third-parties, costing Medicaid agency clients millions. Certain exhibits, such as those concerning industry-specific business processes, warrant redaction.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: December 13, 2023, Case #: 3:19cv920, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Civil Procedure, Health Care, False Claims
J. Thrash partially grants the relator's motion to dismiss counterclaims brought by the manufacturer in the relator's action under the False Claims Act. The relator, who previously worked as the manufacturer's chief compliance officer, alleged that the manufacturer made fraudulent claims for reimbursement for durable medical equipment. The manufacturer failed to properly state counterclaims for breach of fiduciary duty and negligence. The manufacturer failed to sufficiently show how the relator's alleged violation of the statute caused the manufacturer injury. However, the breach of contract counterclaim may move forward.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: 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. Lawson grants the hospital's and treasurer's motions to dismiss an action brought by the relator under the False Claims Act and the Georgia False Medicaid Claims Act alleging that the hospital knowingly submitted fraudulent claims to the government for payment and fired the relator when she confronted them. The relator failed to plead facts sufficient to put the hospital on notice of the claims against it and failed to establish a reliable basis for the assertion that the hospital submitted false claims for payment. The relator also failed to adequately allege that the hospital knowingly made any false statement for the purpose of getting a false claim paid by the government.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 12, 2023, Case #: 7:21cv72, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Employment Retaliation
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