FCA Alert

FCA Alert

Tag Archives: retaliation

Relators Run the Risk that Complaints in Voluntarily Dismissed FCA Cases May Be Unsealed

Posted in Relator Issues
The False Claims Act provides that private persons who bring actions on behalf of the U.S. Government, called relators, file their complaints under seal.  This means that a defendant, which is frequently a present or former employer of the relator, will not have access to the complaint or even know that a complaint has been [&hellip… Continue Reading

Fourth Circuit Affirms Dismissal of FCA Retaliation Claim Brought Against Firearms Contractor

Posted in Retaliatory Discharge
On December 27, 2010, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of an employee’s retaliation claim against a firearms contractor, Heckler & Koch Defense, Inc. (“HKD”), brought under the anti-retaliation provision (§ 3730(h)) of the federal False Claims Act.  Mann v. Heckler & Koch, Defense, Inc., No. 09-1847, 2010 [&hellip… Continue Reading

D. Mass Grants Rule 9(b) Motion to Dismiss in Medical Device Case

Posted in Rule 9(b) Decisions
Last week we reported on the denial of Orthofix’s motion to dismiss the complaint of the relator, Jeffrey Bierman, on Rule 9(b) grounds 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.).  Bierman’s action is consolidated with another action against Orthofix brought [&hellip… Continue Reading