[07/22/19]
Posted on July 22, 2019 in HR Insights for Health Care
Published by: Hall Render
On July 8, 2019, the Sixth Circuit issued an employer friendly opinion strengthening the enforceability of routinely included mandatory arbitration provisions in employment contracts. In its opinion, the court rejected a former employee’s claim that “two completely different and conflicting terms” for resolution of all legal disputes rendered the mandatory arbitration clause in his... READ MORE
Tags: Mandatory arbitration, mandatory binding arbitration, Michigan Whistleblower Protection Act, sixth Circuit, White v. ACell Inc
[05/17/18]
Posted on May 17, 2018 in HR Insights for Health Care
Published by: Hall Render
A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE
Tags: Acosta v. Cathedral Buffet Inc, Compensation, DOL, FLSA, sixth Circuit, Volunteers
[03/03/15]
Posted on March 3, 2015 in False Claims Act Defense
Published by: Hall Render
The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was... READ MORE
Tags: Delaware, Express Scripts, Fifth Circuit, Morgan, New Jersey, original source, Pennsylvania, public disclosure bar, sixth Circuit, Third Circuit
[03/02/15]
Posted on March 2, 2015 in Health Law News
Written by: Drew B. Howk
The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was not... READ MORE
Tags: Case Analysis, Fifth Circuit, New Jersey, original source, Pennsylvania, public disclosure bar, sixth Circuit, Third Circuit
[02/25/15]
Posted on February 25, 2015 in False Claims Act Defense
Written by: David B. Honig
Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar. READ MORE
Tags: Chattanooga-Hamilton County Hospital Authority, David Honig, Erlanger, False Claims Act, Farmington, FCA, public disclosure, Ritu Cooper, sixth Circuit, Whipple
[04/02/13]
Posted on April 2, 2013 in False Claims Act Defense
Written by: David B. Honig and Andrew B. Howk
By David B. Honig and Andrew B. Howk In U.S. v. MedQuest, the Sixth Circuit held that violations by a provider of conditions of participation in Medicare were insufficient as a matter of law to “trigger the hefty fines and penalties created by the FCA.” This case was a reaffirmation by the Sixth Circuit... READ MORE
Tags: 6th Circuit, condition of participation, condition of payment, Dalse C, express false certification, false certification, False Claims Act, FCA, implies certification, MedQuest, sixth Circuit, summary judgment
