FCA Alert

FCA Alert

Tag Archives: Second Circuit

U.S. Supreme Court Holds FCA’s Public Disclosure Bar Prohibits Relators From Basing FCA Lawsuits On Information Obtained In Response To FOIA Requests

Posted in Articles
On May 16, 2011, in a 5-3 split, the United States Supreme Court issued an opinion in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188 concerning the public disclosure bar of the False Claims Act. The Supreme Court agreed with FCA defendant Schindler Elevator and held that a federal agency’s response to a… 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