FCA Alert

FCA Alert

Monthly Archives: July 2011

Falsity And The FCA: The First Circuit’s Blackstone And Amgen Decisions (Part I)

Posted in Decisions Interpreting FCA Elements
The False Claims Act does not define what types of claims are “false.” Consequently, one of the key battles at the motion to dismiss stage in FCA litigation is whether the conduct alleged by the plaintiff can give rise to a “false” claim as a matter of law. For the past decade, courts addressing this … Continue Reading

E.D.N.Y. Court Allows Government to Contact Amgen Employees Outside the Presence of Amgen’s Counsel

Posted in Investigations
Amgen alleged that government lawyers violated Rule 4.2 of the New York Code of Professional Responsibility by communicating with present and former Amgen employees in connection with a grand jury proceeding and False Claims Act qui tam litigation.  Amgen sought a protective order to require the government to comply with Rule 4.2, referred to as the “no-contact … Continue Reading

Court Grants Government’s Request to Dismiss FCA Case Against Defendants Without Deep Pockets Regarding Off-Label Use of Celexa

Posted in Relator Issues
Relator, Linda Nicholson, brought a False Claims Act lawsuit against a retired psychologist, a non-profit shelter for adolescent children, and a family-owned pharmacy for allegedly submitting claims to Medicaid for the drug Celexa which were not eligible for reimbursement because the drug was allegedly intended for off-label use.  The Government moved to dismiss the case … Continue Reading

Third Circuit Court of Appeals Recognizes Implied False Certification Theory of Liability

Posted in Decisions Interpreting FCA Elements
In a False Claims Act case against United Health Group and its subsidiaries, alleging violations of Medicare marketing regulations and the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b ("AKS"), the Third Circuit joined with the Second, Sixth, Ninth, Tenth, Eleventh, and District of Columbia Circuits in recognizing that there can be implied false certification liability under … Continue Reading

DOJ Collects Over $30 Million in Settlements of FCA Lawsuits Alleging Violations of the Buy American Act

Posted in Articles
According to Justice Department press releases, the United States has collected over $30 million in False Claims Act settlements over the past several years from companies alleged to have violated the Buy American Act (BAA) and the Trade Agreements Act (TAA).  The BAA was enacted in 1933 and modified by the TAA in 1979.  The … Continue Reading
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