U.S. ex rel. Jon H. Oberg v. Kentucky Higher Educ. Student Loan Corp. A district court did not use the correct test when analyzing whether student loan corporations formed by four different states may be sued in a qui tam action alleging they defrauded the U.S. Department of Education; the 4th Circuit vacates a lower court’s dismissal of the suit on the ground that the corporations were “state agencies” not subject to suit under the False Claims Act, and remands for the district court to apply an “arm of the state” analysis.
U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.
Clinkscales v. Walgreen Co. Plaintiff’s emailed questions about how to perform a bin reconciliation did not make him a whistleblower under the False Claims Act. In any event, the defendant-employer issued the written warnings at issue because of plaintiff’s violations of unrelated work rules.
Defendant’s motion for summary judgment is granted as to plaintiff’s federal-law claims.
American Civil Liberties Union v. Holder. (Lawyers Weekly No. 001-067-11, 32 pp.) (Dever, J.) No. 09-2086, March 28, 2011; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit rejects challenges to statutes that require cases filed under the federal False Claims Act, which [...]
Mann v. Heckler & Koch Defense Inc. (Lawyers Weekly No. 001-002-11, 20 pp.) (Wilkinson, J.) No. 09-1847, Dec. 27, 2010; USDC at Alexandria, Va. 4th Cir. Click here for the full text of the opinion. Holding: Statements made by a dealer of firearms for military and law enforcement agencies on its bid to supply weapons [...]
