Feb 16, 2021 | False Claims Act
In a decision last month, the Eleventh Circuit brought clarity to one of the requirements an employee must fulfill in order to bring a retaliation claim under the False Claims Act (“FCA”). Specifically, the court found that simply because an employee sincerely...
Feb 12, 2021 | False Claims Act, Government Investigations, Health Care
The Department of Justice recently announced that Athenahealth, Inc. (Athena), an electronic health record (“EHR”) vendor, has agreed to pay $18.25 million to settle claims that it violated the False Claims Act (“FCA”). Athena allegedly implemented various marketing...
Feb 9, 2021 | False Claims Act
On November 6, 2020, U.S. District Judge Lucy H. Koh granted defendants’ motions to dismiss a False Claims Act (“FCA”) lawsuit based, in part, on the public disclosure bar, holding that the information available and acquired through a Freedom of Information Act...
Feb 4, 2021 | False Claims Act
On January 7, 2021, President Biden announced that Merrick Garland would be his nominee to serve as Attorney General. As the Senate inches closer to confirmation hearings, many are scrutinizing Garland’s past record as a prosecutor and judge to determine what...
Jan 27, 2021 | False Claims Act
False Claims Act (“FCA”) matters have a notoriously long lifespan. United States v. Mortgage Investors Corporation, 2021 WL 137739 (11th Cir. 2021), has had an exceptionally long life. Originally filed on March 3, 2006, after nearly fifteen years, this case has been...
Jan 25, 2021 | False Claims Act
Late last year, the Supreme Court declined to review the Fifth Circuit Court of Appeals’ decision in U.S. ex rel. Integra Med Analytics, LLC v. Baylor, Scott & White Health, et al., a decision affirming the dismissal of a False Claims Act complaint that relied...
