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Tag Archives: Express Certification

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

Posted in Decisions Interpreting FCA Elements
In New York ex rel. Westmoreland et al. v. Amgen, Inc. et al., 2011 WL 2937420 (1st Cir. July 22, 2011), the relator filed a qui tam action against pharmaceutical manufacturer Amgen and two other corporate defendants. The relator, a former Amgen employee, alleged that the defendants violated seven state FCAs by engaging in a … Continue Reading

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

Posted in Decisions Interpreting FCA Elements
In United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011), the relator, a former regional sales manager for Blackstone Medical, Inc., filed a qui tam action against the medical device manufacturer alleging that it violated the federal FCA. The relator alleged that Blackstone caused hospitals … Continue Reading

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

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

D. Mass Denies Motion to Dismiss False Claims Act Claims Based On Express Certification Theory In Medical Device Case

Posted in Decisions Interpreting FCA Elements
On December 8, 2010, in United States ex rel. Bierman v. Orthofix International, N.V. et al., Civil Action Nos. 05-10557-EFH, 08-11336-JLT, 2010 WL 4973635 (D. Mass.), a District of Massachusetts court denied several medical device manufacturers’ motions to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b) for reimbursement-related false claims under the False … Continue Reading

Massachusetts Court Dismisses Relator’s Complaint Alleging False Statements in Research Grant Application

Posted in Decisions Interpreting FCA Elements
The District of Massachusetts dismissed an action under the False Claims Act brought by Dr. Kenneth James Jones, the “relator,” against Brigham and Women’s Hospital, Massachusetts General Hospital, and a couple of scientists, alleging that they submitted a grant application containing allegedly false statements to the National Institute on Aging, an organization under the National … Continue Reading

Tenth Circuit Reverses Dismissal of Relator Action

Posted in Rule 9(b) Decisions
The Tenth Circuit reversed the District Court’s dismissal of a relator’s action, holding that the District Court should have applied a more lenient pleading standard. See United States ex rel. Lemmon v. Envirocare of Utah, Inc., No. 09-4079, 2010 WL 3025021 (10th Cir. Aug. 4, 2010). In Lemmon, the relator brought claims under the FCA, alleging that … Continue Reading
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