Qui Tam Law
 
Gadbois v. PharMerica Corporation

In this qui tam action, the district court dismissed the claims of the relator, Robert Gadbois,
for lack of subject matter jurisdiction. While his appeal of that order was pending, subsequent events coalesced to dissolve the jurisdictional impediment to the relator's action. He responded to this development by broadening his appeal to include the possibility of supplementing his pleadings. ... More...
   $0 (01-03-2016 - RI)

Gadbois v. PharMerica Corporation

The relator formerly worked as a pharmacist for PharMerica Corp. (PharMerica). In November of 2010, he filed this
qui tam action under seal in the District of Rhode Island. His complaint alleged that PharMerica had committed numerous
infractions related to its distribution of prescription drugs to long-term care facilities in violation of the False Claims Act
(FCA), 31 U.S.C. §§ 3... More...
   $0 (12-20-2015 - RI)

United States of America v. Vintage Pharmaceuticals, LLC d/b/a Qualitest Pharmaceuticals

New York, NY - Manhattan U.S. Attorney Announces $39 Million Civil Fraud Settlement Against Qualitest Pharmaceuticals For Selling Half-Strength Fluoride Supplements

Preet Bharara, the United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the New York Regional Office for the Office of Inspector General for the Department of Health and Hu... More...
   $0 (12-18-2015 - NY)

United States of America v. HCA Holdings, Inc. f/d/b/a HCA, Inc. f/d/b/a HCA – Hospital Corporation of America f/d/b/a Hospital Corporation of America and Parallon Business Solutions, LLC, West Florida Regional Medical Center, Inc. d/b/a West Florida Hospital; HCA Health Services of Florida, Inc. d/b/a Regional Medical Center Bayonet Point; HCA Health Services of Florida, Inc. d/b/a Oak Hill Hospital; and New Port Richey Hospital, Inc. d/b/a Medical Center of Trinity (“HCA”).

Columbia, SC - HCA Settles Allegations of Billing for Unnecessary Lab Tests and Double Billing for Fetal Testing for $2,000,000

United States Attorney Bill Nettles announced today that the United States Attorney's Office for the District of South Carolina with the State of Florida, settled claims of health care fraud with HCA Holdings, Inc. f/d/b/a HCA, Inc. f/d/b/a HCA – Hospital Corpor... More...
   $0 (11-17-2015 - SC)

Tai A. Pham v. State of Florida & Tai A. Pham v. Julie L. Jones, etc.

Tai Pham was convicted in 2008 in Seminole County for the first-degree
murder of his estranged wife Phi Pham, the attempted first-degree murder of her
boyfriend Christopher Higgins, the armed kidnapping of his stepdaughter Lana
Pham, and armed burglary. Pham v. State, 70 So. 3d 485 (Fla. 2011). This Court
summarized the facts as follows: Pham entered Phi’s apartment where her... More...
   $0 (11-11-2015 - FL)

United States of America v. Coast Produce, Inc.

Los Angeles, CA - Southern California Company Pays $4 Million and Enters into Agreement to Resolve Allegations it Overcharged U.S. Military for Fruit, Vegetables

A Los Angeles company has paid $4 million to resolve civil allegations that it fraudulently overcharged the U.S. military for fresh fruits and vegetables that it supplied to military dining facilities and Navy ships in Southern C... More...
   $0 (11-02-2015 - CA)

JACOB HACKMAN vs. NEW HAMPTON MUNICIPAL LIGHT PLANT

Appeal from the Iowa District Court for Chickasaw County, Margaret
Lingreen, Judge. Hackman was hired by the Plant in June 2008 as an operator. He
understood he was to be trained as a lineman as well to enable him to perform
additional tasks in the course of his employment. Hackman and his coworker,
David Hauser, reported to Gregory Heying, another operator. Brian Geschke More...
   $15773 (10-17-2015 - IA)

United States of America v. Brian Michael

The Bail Reform Act of 1984 (Act) requires courts to detain prior to trial arrestees charged with certain serious felonies if the Government demonstrates by clear and convincing evidence after an adversary hearing that no release conditions "will reasonably assure . . . the safety of any other person and the community." 18 U.S.C. § 3142(e) (1982 ed., Supp. III). The Act provides arrestees with a n... More...   $0 (10-07-2015 - TN)

Norman Rille v. United States of America

As the Supreme Court has observed, “[t]he False Claims Act’s qui tam
provisions present many interpretive challenges.” Kellogg Brown & Root Servs., Inc.
v. United States ex rel. Carter, 135 S. Ct. 1970, 1979 (2015). In this case, two private
parties, called “relators,” brought an action in the name of the United States against
several government contractors, alleging that the contr... More...
   $0 (10-05-2015 - AR)

United States of America ex rel. Jeffrey D'Agostino v. Eva, Inc.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui
tam action and the antecedent denial of leave to further amend his
complaint. For obvious reasons, we consider the second challenge
first. That challenge rests in part on a novel interpretation of
the 2009 amendments to Rule 15 of the Federal Rules of Civil
Procedure. While we reject t... More...
   $0 (09-30-2015 - MA)

Shukri Sakkab v. Luxottica Retail North America, Inc.

This appeal presents issues of first impression regarding
the scope of Federal Arbitration Act (FAA) preemption,
9 U.S.C. § 2 et seq., and the meaning of the Supreme Court’s
decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct.
1740 (2011). We must decide whether the FAA preempts the
California rule announced in Iskanian v. CLS Transportation
Los Angeles, LLC, 59 Cal. 4th... More...
   $0 (09-28-2015 - CA)

Commonwealth v. Wray

The jury could have found the following facts
based on the evidence presented at trial. The defendant and
Cruz had been in a dating relationship for about one month,
when, on November 19, 2012, they both attended a Narcotics
Anonymous meeting in West Springfield. Before the meeting
began, the defendant saw Cruz hug another man. The defendant
became upset, started y... More...
   $0 (09-28-2015 - MA)

Cty. of Westchester v. U.S. Dep’t of Hous. & Urban Dev.

For  nearly  a  decade,  plaintiff‐appellant  the County of Westchester (the “County” or “Westchester”) has been engaged in  litigation with the United States Department of Housing and Urban  Development  (“HUD”  or  “the  Government”)  over  whether  the  County  has  adequately  analyzed—in  its  applications  for  HUD  funds—impediments  to  fair  housing  within  the  County’s  jurisdic... More...   $0 (09-27-2015 - NY)

The Note Investment Group, Inc. v. Associates First Capital Corp., Successor by merger to Associates Financial Services Company, Inc.

This is an appeal from a dispute between appellant, The Note Investment Group, Inc. (“TNIG”), and appellee, Associates First Capital Corp., successor by merger to Associates Financial Services Company, Inc. (“Associates”), regarding the sale by TNIG of partial interests in certain seller-financed notes and contracts for deed to Associates. In three points of error, TNIG contends that the trial cou... More...   $0 (09-24-2015 - TX)

CS Custom Homes, LLC d/b/a Callahan Custom Homes, LLC d/b/a Callahan Homes, LLC and Ervin E. Callahan v. Jessica Nicole W. Stafford

The principal issue in this residential-construction dispute concerns whether the
plaintiff homeowner was entitled to recover “reasonable and necessary costs of repair” that included
out-of-pocket costs paid to a structural engineer to identify construction defects and craft solutions.
On this record, we conclude that she was not.
The plaintiff homeowner, Jessica Nicole W. Stafford... More...
   $0 (09-23-2015 - TX)

American Tr. Ins. Co. v Longevity Med. Supply, Inc.

Contrary to the position taken by the dissent, the issue of whether plaintiff has failed to establish that the notices for the IMEs were timely, pursuant to 11 NYCRR 65-3.5(d), presents a question of law which this Court can review. Unlike the dissent, we find that plaintiff was required to submit proof of the timely notice in order to make a prima facie showing of entitlement to judgment as a mat... More...   $0 (09-20-2015 - NY)

UniU.S. ex rel. Meria T. Murray v. Richard Edlich, et. al.

Minneapolis, MN - Twin Cities Landlords To Pay $130,000 To Resolve Alleged Section 8 Housing Assistance Violations

Landlords collected thousands of dollars in illegal “side payments” from low-income tenants

United States Attorney Andrew M. Luger today announced a $130,000 settlement with RICHARD EDLICH, Cities Home Rentals, Inc., MDC 2000 Investments, Inc., and Rifive Investments... More...
   $130000 (09-16-2015 - MN)

Grupp v. DHL Express

DHL is a shipping company that transports packages by ground and air for a fee. For the majority of ground transportation, DHL uses a network of independent contractors. The Relators are New York residents who own MVP Delivery and Logistics, Inc., a company that is part of the network.
The Relators sued DHL in New York, Florida and California under their respective false claims acts and all... More...
   $0 (09-11-2015 - CA)

United States of America v. Qualium Corporation, CPAP Specialist, and Amerimed Corporation

San Jose, CA - United States Sues Qualium Corporation And Bay Area Sleep Clinics To Recover Damages Under The False Claims Act

The United States has filed a False Claims Act complaint against the owners and operators of Bay Sleep Clinic and their related businesses, Qualium Corporation, CPAP Specialist, and Amerimed Corporation, announced Acting United States Attorney Brian J. Stretch and... More...
   $0 (09-04-2015 - )

Tulsa Industrial Aurhtory and BOKF NA d/b/a Bank of Oklahoma v. Tulsa Airports Improvement Trust

Tulsa, OK - Tulsa Industrial Authority (Title 60 public trust) and BOKF, NA d/b/a Bank of Oklahoma sued Tulsa Airports Improvement Trust (a Title public trust) on breach of contract theories claiming:

Tulsa Industrial Authority, an Oklahoma public trust (hereafter the “Industrial Authority”), and BOKF, NA (d/b/a Bank of Oklahoma) for their Petition against Defendant, Tulsa Airports Improv... More...
   $1560000 (08-31-2015 - OK)

United States of America v. Quest Diagnostics Inc. and Quest Diagnostics Clinical Laboratories Inc.

Sacramento, CA- Quest Diagnostics Pays the United States $1.79 Million to Resolve False Claims Act Allegations

Quest Diagnostics Inc. and Quest Diagnostics Clinical Laboratories Inc. (collectively “Quest Diagnostics”) have paid the United States $1,79 million to settle claims that it violated the False Claims Act.

This settlement resolves allegations that Quest Diagnostics submit... More...
   $0 (08-25-2015 - CA)

United States of America v. Dr. Rashir Azher

Phoenix, AZ - Bullhead City Physician to Pay $207,000 to Resolve False Claims Allegations

Dr. Bashir Azher, M.D., 69, an Arizona-licensed physician practicing in Bullhead City, Ariz., has agreed to pay the United States $207,988 to resolve civil allegations that he violated the federal False Claims Act by submitting false bills to Medicare for prostate laser ablation procedures, commonly... More...
   $0 (08-19-2015 - AZ)

United States of America v. GSDMIDEA City, LLC

This appeal arises from a qui tam action brought by Johnny Ray Long against GSD&M Idea City, LLC1 for violations of the False Claims Act (FCA).2
1 Appellee refers to itself as “GSD&M Idea City, LLC,” the same entity name on file with the Delaware Department of State, however the CM/ECF caption in this case refers to the entity as “GSDMIdea City, L.L.C.” For case administration purposes, we use... More...
   $0 (08-14-2015 - )

United States of America v. Christopher Kim, aka Chris Kim, aka KH Kill, aka Kyung Joon Kim

fees against
the United States from the claimant to his attorney. However,
the Anti-Assignment Act goes no further. The Act does not
prevent an attorney from taking an interest in the fees that is
effective against the Government; it merely forbids an
assignment of the right to be paid directly from the United
States Treasury. We have jurisdiction under 28 U.S.C.
§ 1291... More...
   $0 (08-14-2015 - )

STATE OF NEW MEXICO, FRANK C. FOY and SUZANNE B. FOY, v. AUSTIN CAPITAL MANAGEMENT, LTD,

In this case, we address whether the retroactive application of the Fraud
4 Against Taxpayers Act, NMSA 1978, Sections 44-9-1 to -14 (2007) (“FATA” or “the
5 Act”) violates the Ex Post Facto Clauses of the United States and New Mexico
6 Constitutions. See U.S. Const. art 1, § 10, cl. 1; N.M. Const. art. 2, § 19. We hold
7 that FATA is constitutional. The treble damages under FA... More...
   $0 (08-05-2015 - NM)

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