FCA Alert

FCA Alert

Tag Archives: government intervention

Dismissal Of Relator Action Held To Be Without Prejudice Against Government

Posted in Relator Issues
The Western District of Virginia found that dismissal of a relator’s suit based on collateral estoppel and failure to prosecute does not prejudice the United States’ ability to subsequently pursue the same FCA claims, notwithstanding an earlier decision not to intervene. U.S. ex rel. Prince v. Virginia Resources Authority, No. 5:13CV00045, 2014 WL 3405657 (W.D.… Continue Reading

Government’s Case Against HMA Alleging Kickbacks Permitted To Go Forward

Posted in Articles, Decisions Interpreting FCA Elements
The U.S. District Court for the Middle District of Georgia found Plaintiffs alleged sufficient facts to support a False Claims Act case based on a violation of the Anti-Kickback Statute. The Court denied Defendants’ motion to dismiss on June 24, 2014. U.S. ex rel. Williams v. Health Management Associates, Inc., No. 3:09-cv-130 (CDL) (M.D. Ga.)… Continue Reading

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

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

DOJ/HHS Releases New Statistics About Sealed Qui Tam Cases

Posted in Articles
Last week, the DOJ and HHS released the following statistics about qui tam actions under the federal False Claims Act that are currently pending under seal: As of January 4, 2011, there were 1,341 qui tam cases under investigation awaiting an intervention decision from the government.   Of these 1,341 cases, 885 (or 66%) of… Continue Reading

Can The Government’s False Claims Act Suit for Defective Cardiac Devices Against Boston Scientific & Guidant Survive A Motion To Dismiss?

Posted in Articles, Settlements
On January 27, 2011, the United States filed its complaint-in-intervention in United States ex rel. Allen v. Guidant LLC et al. (including Boston Scientific), Case No. 0:11-cv-00022 (D. Minn.). The Guidant case involves the events surrounding medical device manufacturer Guidant’s recall of the Prizm 2 and Contak Renewal 1 and 2 cardiac devices in June… Continue Reading

573 New Federal Qui Tam Cases Filed in 2010

Posted in Articles, Settlements
According to statistics published by the Department of Justice (the “DOJ report”), 573 federal whistleblower complaints were filed under seal in 2010. The DOJ report also shows that 1,246 sealed qui tam complaints remain under investigation pending the government’s decision on intervention.  Of the 5,954 qui tam cases that have been unsealed between 1987 and… Continue Reading