Recent Articles

D. Mass. Dismisses FCA Claims Against Drug Manufacturer and Distributor

Antonia F. Giuliana
March 08, 2012 18:51

A recent case in the District of Massachusetts provides a good illustration of the application of the False Claims Act’s public disclosure and first-to-file bars in health care fraud cases.  See United States ex rel. Bartz v. Ortho-McNeil Pharmaceutical, Inc. et al., Civil Action No....

Arkansas District Court Denies DOJ's Motion To Dismiss After Government Settled With Defendant

Sung W. Kim
February 15, 2012 15:44

In United States ex rel. Rille v. Sun Microsystems, Inc., Civil Action No. 04-CV-00986 (E.D. Ark. Jan. 30. 2012), an Arkansas district court denied the motions to dismiss brought by the Department of Justice (DOJ) and the defendant against the relators, although the DOJ and defendant already...

Which Public Disclosure Bar Applies?

Antonia F. Giuliana
February 02, 2012 21:55

A recent case from the District of Massachusetts raises an interesting question under the False Claims Act’s public disclosure bar. See United States ex rel. Estate of Cunningham v. Millennium Laboratories of California, Civil Action No. 09-12209 (D. Mass. Jan. 30, 2012). The defendant...

Federal False Claims Act Recoveries Cross The $30 Billion Mark

Antonia F. Giuliana
January 09, 2012 16:27

According to new statistics released by the Department of Justice, the U.S. government recovered $30.3 billion pursuant to the federal False Claims Act between 1987 and 2011. In the fiscal year ending September 30, 2011, 762 new FCA cases were initiated, consisting of 638 qui tam actions and 124...

HEAT Releases Provider Compliance Training Video On The False Claims Act

Antonia F. Giuliana
January 04, 2012 15:10

The Health Care Fraud Prevention & Enforcement Action Team (known as "HEAT") has produced a series of 11 short training videos covering high priority compliance topics.  The third training video discusses the False Claims Act.  Here are links to...

More Federal Qui Tam Cases Filed In 2011 Than Ever Before

Antonia F. Giuliana
December 19, 2011 22:13

According to a press release issued today by the Department of Justice, 638 new whisteblower complaints under the qui tam provisions of the federal False Claims Act were filed under seal in fiscal year 2011, representing a peak in such filings over prior years.  The DOJ reports...

D.C. Circuit Issues Opinion on First-To-File Bar

Sung W. Kim
November 29, 2011 20:40

The U.S. Court of Appeals for the District of Columbia in United States ex rel. Batiste v. SLM Corporation, Civil Action No. 10-7140 (D.C. Cir. Nov. 4, 2011) affirmed the dismissal of a relator’s complaint based on an application of the first-to-file bar of the FCA.  The...

For-Profit Home Health Care Companies Targeted By Senate Finance Committee

Michael J. Maloney
October 31, 2011 17:09

The Senate Finance Committee recently released a report describing the Committee’s findings based on an investigation into Amedisys, LHC Group, Gentiva, and Almost Family, four of the largest publicly-traded home health care companies.  See Report part I and part II.  The Committee...

Par Files Complaint Against the Government Claiming that FDA's Off-Label Marketing Regulations Violate the First Amendment

Cliff Katz
October 27, 2011 15:59

Par filed a Complaint for Declaratory and Injunctive Relief against the United States, the U.S. Food & Drug Administration (FDA), the Commissioner of the FDA, and the Secretary of the Department of Health & Human Services seeking a declaratory judgment that the application of FDA off-label...

Update: Relators Run the Risk that Complaints in Voluntarily Dismissed Cases May Be Unsealed

Cliff Katz
October 21, 2011 20:15

Earlier this week we reported on a case in the U.S. District Court for the District of Columbia in which the court unsealed a relator's complaint after the relator voluntarily dismissed it, holding that "the rationale behind sealing FCA cases is to allow the United States ample time to...