[12/05/11]
Posted on December 5, 2011 in False Claims Act Defense
Written by: David B. Honig
Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s... READ MORE
Tags: 2011, AARS, Batiste, Cancio, cdc, Chicago, Compass Medical, D.C., dialysis, District of Columbia, False Claims Act, FCA, Foglia, fraud in the inducement, Glynn, Massachusetts, New Jersey, November, Ohio, qui tam, relator, Renal Ventures, Ruble, Scott, seal, settlement agreement, Skidmore, SLM Corporation, Tampa, whistleblower, Wildhirt
[11/01/11]
Posted on November 1, 2011 in False Claims Act Defense
Written by: David B. Honig
A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if the defendant is their... READ MORE
Tags: Danner, Durham, False Claims Act, FCA, Hill, Matsutani, Prospect Waterproofing, Quality Health Care, quit tam, relator, Retaliation, seal, University of Medicine & Dentistry of New Jersey, whistleblower