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False Claims Act

Mar 5, 2019

SC university settles whistleblower action for $2.5M

North Greenville University has settled a False Claims Act lawsuit for $2.5 million after the federal government alleged the school had illegally used U.S. Department of Education funds to pay for incentive-based student recruitment services. Title IV of the Higher Education Act prohibits universities that get federal student aid money from paying recruiters with a […]

Aug 1, 2018

3M settles with SC federal prosecutor for $9.1M

South Carolina-based U.S. Attorney Sherri Lydon settled a civil lawsuit July 26 for $9.1 million with 3M Company to resolve accusations that it knowingly sold defective earplugs to the United States military. Lydon was joined in bringing the lawsuit by the Civil Division of the United States Department of Justice and the U.S. Department of […]

Sep 18, 2017

Tort/Negligence – False Claims Act – Insufficient ‘Presentment’ Allegations – Air Force Maintenance Contracts

United States ex rel. Grant v. United Airlines, Inc. (Lawyers Weekly No. 002-136-17, 17 pp.) (David Norton, J.) 2:15-cv-00794; D.S.C. Holding: Despite detailed allegations about defendant’s purported failures to properly maintain U.S. Air Force planes, the relator has failed to describe the time, place and contents of any false representations made by defendant to the […]

Sep 11, 2017

Tort/Negligence – False Claims Act – State Acts – Medical Lab Kickback Scheme

United States ex rel. Lutz v. Berkeley Heartlab, Inc. (Lawyers Weekly No. 002-128-17, 9 pp.) (Richard Mark Gergel, J.) 9:14-cv-00230; D.S.C. Holding: Common sense and the weight of analogous authority suggests that evidence that medical claims are tainted by an illegal kickback scheme in which providers are bribed for referrals would be material to a […]

Dec 13, 2016

Tort/Negligence – False Claims Act – Government Contract – Home Office Expenses – Loaned Employees

United States v. Savannah River Nuclear Solutions, LLC (Lawyers Weekly No. 002-232-16, 61 pp.) (J. Michelle Childs, J.) 1:16-cv-00825; D.S.C. Holding: Even if the government didn’t know that its contractor’s parent company – which had loaned employees to the contractor – was charging the government for (unallowable) home-office expenses, the complaint alleges that either the […]

Mar 30, 2016

Respironics to pay $34.8M in whistleblower lawsuit

In a case that’s sure to get the attention of attorneys representing False Claims Act whistleblowers, Murrysville, Pennsylvania-based Respironics Inc. has agreed to pay $34.8 million to settle allegations that the company paid kickbacks to boost sales of equipment used to treat sleep apnea. As part of the settlement, which did not require Respironics to […]

Apr 15, 2015

Carolinas lawyers involved in $50M whistleblower settlement

A pair of lawyers from the Carolinas played a role in securing more than $50 million in payments to settle three whistleblower suits against two medical blood-testing companies accused of paying kickbacks to doctors.

Jan 8, 2014

Contract – $24M False Claims Penalty Not ‘Excessive’

U.S. ex rel. Kurt Bunk v. Gosselin World Wide Moving NV (Lawyers Weekly No. 001-001-14, 49 pp.) (King, J.) No. 12-1369, Dec. 19, 2013; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: In awarding a civil penalty in a False Claims Act suit against a government contractor who moved U.S. military personnel around the […]

Jun 21, 2012

Contract – False Claims Act – Student Loan Corporations – ‘Arm of the State’ Analysis

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[...]

Apr 5, 2012

Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital

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.

Jan 18, 2012

Labor & Employment – Whistleblower Claim – False Claims Act – Prescription Records – Disciplinary Action

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 claim[...]

Apr 8, 2011

Civil Rights – False Claims Act – Suits Under Seal – Whistleblowers

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 […]

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