FCA Alert

FCA Alert

Tag Archives: Fifth Circuit

Federal District Court In Texas Orders Government To Disclose Facts Concerning Closed Criminal Investigation In Civil FCA Action; Law Enforcement And Work Product Privileges Do Not Apply

Posted in Articles
In civil False Claims Act cases in which the government has intervened, the government will often try to shield some documents from discovery based on a variety of privileges, including privileges generally asserted only by government agencies, such as the investigatory law enforcement privilege, the joint prosecutorial privilege, and the deliberative process privilege. Earlier this … Continue Reading

Can a Manufacturer Be Held Liable Under the False Claims Act if It Delivers Defective Medical Devices to the Government?

Posted in Decisions Interpreting FCA Elements
Since the mid-late 1990s, plaintiffs have been testing the limits of the False Claims Act in health care litigation and have been asserting increasingly creative and far-fetched theories of liability against drug and device companies for various types of alleged conduct, including deceptive marketing practices, off-label marketing, failure to pay the appropriate Medicaid rebate, and … Continue Reading

UPDATE: Can an Attorney Use Information Derived During the Course of Representing a Client to File His Own FCA Action?

Posted in Relator Issues
On October 14, 2010, Allstate filed a motion to dismiss Denenea’s qui tam complaint.  Not surprisingly, Allstate moved to dismiss on the grounds that the public disclosure/original source bar applies.  Specifically, Allstate contends that the allegations in Denenea’s complaint were publicly disclosed in Congressional investigations, media reports, and other lawsuits, including those prosecuted by Denenea … Continue Reading

Can an Attorney Use Information Derived During the Course of Representing a Client to File His Own FCA Action?

Posted in Relator Issues
That question may soon be teed up in the Fifth Circuit. A federal court in Louisiana recently unsealed a qui tam complaint filed by New Orleans lawyer Johnny Denenea, Jr. against Allstate Insurance Company. The complaint alleges that Allstate Insurance Company systematically overbilled the National Flood Insurance Program in violation of the federal False Claims Act. To date, the … Continue Reading

Relators Can Amend Complaint With Documents Obtained By Government

Posted in Rule 9(b) Decisions
On July 20, 2010, the District Court of the Southern District of Texas in United States ex. rel. King v. Solvay S.A., Civil Action H-06-2662, held that relators could amend their complaint to add factual allegations based on documents obtained by state governments pursuant to investigative powers while the case was under seal. The relators used … Continue Reading
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