[11/03/14]
Posted on November 3, 2014 in False Claims Act Defense
Written by: David B. Honig
Last week, the 11th Circuit Court of Appeals issued its unpublished ruling in US ex rel. Mastej v. Health Management Associates, Inc. At issue was whether the relator’s Third Amended Complaint adequately pled fraud with particularity, as required by Fed.R.Civ.Pro. 9(b). Mastej was an Health Management Associate (“HMA”) executive from 2001 to February 2007. In that... READ MORE
Tags: 11th Circuit, 9(b), AKS, Anti-Kickback, Eleventh Circuit, False Claims Act, FCA, fraud with particularity, Health Management Systems, hms, Mastej, Stark
[10/14/14]
Posted on October 14, 2014 in False Claims Act Defense
Written by: David B. Honig
From October 1 through October 12, 2014, there were 14 federal cases reported that mentioned the False Claims Act. One was previously discussed in the September 2014 FCA Update. Eight more only tangentially discussed the False Claims Act. Five cases might be of interest to parties and counsel in a False Claims Act suit. US... READ MORE
Tags: attorney, Boeing, Cephalon, Cestra, conspiracy, deposition, FAA, False Claims Act, FCA, first to file, fraud with particularity, Graves, individual defendants, jurisdiction, Kelly, May, Plaza Medical Centers, Privilege, Purdue Pharma, regulatory compliance, Serco, Smith, specific claims
[06/22/12]
Posted on June 22, 2012 in False Claims Act Defense
Written by: David B. Honig
Pleading a False Claims Act case can be a tricky exercise, and in defending an FCA case, it is important to know just what the rules are for a whistleblower, and how they can fail to meet them. One of the most common mistakes made by whistleblowers is failing to “plead fraud with particularity,” a requirement... READ MORE
Tags: Camillo, False Claims Act, FCA, Fowler, fraud with particularity, Gross, Nayak, Rolls-Royce, Rule 9(b), whistleblower
[03/13/12]
Posted on March 13, 2012 in False Claims Act Defense
Written by: David B. Honig
February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel. Boggs v. Bright Smile... READ MORE
Tags: advisory opinion, Aggregate Industries, Bell Constructors, Boggs, Bright Smile, caselaw, False Claims Act, fraud with particularity, Harrington, Klein, Klusmeier, law, legal, Matheny, Medco, oig, qui tam, relator, Retaliation, update, whistleblower
