FCA Alert

FCA Alert

Tag Archives: First Circuit

False Claims Act Developments

Posted in Articles
To learn more about recent developments in False Claims Act litigation and the measures companies may take to reduce FCA exposure, please see the two publications below: Compliance Programs:  An Answer to the Risks Posed by the False Claims Act, originally published in the August 2011 issue of Metropolitan Corporate Counsel. Litigating False Claims Act Cases in the First … 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

Public Disclosures in Civil Complaints and Media Bar Relator’s Action

Posted in Relator Issues
In United States ex rel. Poteet v. Bahler Medical, Inc., No. 09-1728, 2010 WL 3491159 (1st Cir. Sept. 8, 2010), the First Circuit affirmed the dismissal of a relator’s qui tam action.  The relator brought the action against 120 spine surgeons and 18 medical device distributors, making allegations surrounding the promotion of a medical device … Continue Reading
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