FCA Alert

FCA Alert

Monthly Archives: February 2011

Seventh Circuit Reverses Dismissal Based On Public Disclosure Bar

Posted in Articles, Relator Issues
On February 18, 2011, the Seventh Circuit issued a decision concerning the pre-PPACA version of the public disclosure bar under the False Claims Act. See United States ex rel. Baltazar v. Warden and Advances Healthcare Associates, No. 09-2167. The relator, a chiropractic physician, was employed by the defendants for four months in 2007. She alleges … Continue Reading

Quality Of Care Cases Under The False Claims Act: Pointers For The Defense (Part III Of III)

Posted in Articles, Decisions Interpreting FCA Elements, Relator Issues
This is our final post on United States ex rel. Blundell v. Dialysis Clinic, Inc., No. 5:09-cv-00710 (N.D.N.Y. Jan. 19, 2011), a qui tam action against a dialysis treatment center based on alleged quality of care issues that was recently dismissed pursuant to Rules 9(b) and 12(b)(6).  In the Dialysis Clinic case, the relator, a … Continue Reading

Quality Of Care Cases Under The False Claims Act: Pointers For The Defense (Part II Of III)

Posted in Articles, Decisions Interpreting FCA Elements, Relator Issues, Rule 9(b) Decisions
The topic of discussion this week is United States ex rel. Blundell v. Dialysis Clinic, Inc., No. 5:09-cv-00710 (N.D.N.Y. Jan. 19, 2011) , a qui tam action against a dialysis treatment center based on alleged quality of care issues that was recently dismissed pursuant to Rules 9(b) and 12(b)(6). In the Dialysis Clinic case, the … Continue Reading

Quality Of Care Cases Under The False Claims Act: Pointers For The Defense (Part I Of III)

Posted in Articles, Decisions Interpreting FCA Elements, Relator Issues, Rule 9(b) Decisions
Last month, a court in the Northern District of New York dismissed a qui tam action against a dialysis treatment center based on alleged quality of care issues. See United States ex rel. Blundell v. Dialysis Clinic, Inc., No. 5:09-cv-00710 (N.D.N.Y. Jan. 19, 2011). In the Dialysis Clinic case, the relator, a nurse who had … Continue Reading

Virginia District Court Dimisses FCA Case Against Student Lending Companies

Posted in Rule 9(b) Decisions
On January 12, 2011, a district court in the Eastern District of Virginia dismissed a qui tam action which involved claims that a private commercial lender authorized to make post-secondary education loans pursuant to the Federal Family Education Loan Program violated the False Claims Act. In United States ex rel. Jones v. Collegiate Funding Services, … Continue Reading

Does The Bankruptcy Code’s Automatic Stay Provision Apply To Qui Tam Actions?

Posted in Articles
Yes, but only if the government declines to intervene in the action.  United States ex rel. Kolbeck v. Point Blank Solutions, Inc., 1:08-cv-1187 (E.D. Va.), recently addressed this issue. Section 362(a) of the Bankruptcy Code, commonly referred to as the automatic stay provision, provides the general rule that a petition filed under Title 11 of … Continue Reading
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