Qui Tam Law
 
United States of America v. Medical College of Wisconsin, Inc.

Milwauke, WI - United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that the Medical College of Wisconsin, Inc. (MCW) has paid the federal government $840,000 to resolve allegations that it violated the False Claims Act. MCW is alleged to have knowingly billed federal healthcare programs for neurosurgeries involving residents who did not receive the requir... More...   $0 (01-09-2015 - WI)

United States ex rel. Carroll v. Adventist Health Systems

SAN FRANCISCO, CA – St. Helena Hospital, an acute care hospital within the Adventist Health System, has agreed to pay the United States $2,250,000 to settle allegations that it submitted false claims to Medicare for certain cardiac procedures and related inpatient admissions, United States Attorney Melinda Haag announced today.

The settlement resolves allegations that St. Helena Hospita... More...
   $0 (12-19-2014 - CA)

Sharon McGill v. Citibank, N.A.

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500... More...   $0 (12-18-2014 - )

Stephens & Stephens, XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (12-17-2014 - CA)

United States of America v. Rite Aid Corporation

LOS ANGELES – Rite Aid Corporation has paid the United States $2.99 million to resolve allegations that it violated the False Claims Act by inappropriately using gift cards as inducements, the Department of Justice announced today.

The settlement resolves allegations that Rite Aid offered illegal inducements to Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite... More...
   $2990000 (12-03-2014 - CA)

Edwards Wildman Palmer v. Shaihrokh Mireskandari

The question before us is whether the attorney-client privilege applies to intrafirm communications between attorneys concerning disputes with a current client, when that client later sues the firm for malpractice. We conclude that when an attorney representing a current client seeks legal advice from an in-house attorney concerning a dispute with the client, the attorney-client privilege may appl... More...   $0 (11-25-2014 - CA)

Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (11-24-2014 - CA)

United States ex rel. Hawkins v. Catholic Healthcare West, et al.

SAN FRANCISCO, CA – Dignity Health has agreed to pay the United States $37 million to settle allegations that 13 of its hospitals in California, Nevada, and Arizona knowingly submitted false claims to Medicare and TRICARE by admitting patients who could have been treated on a less costly, outpatient basis, announced today United States Attorney Melinda Haag, Acting Assistant Attorney General Joy... More...   $0 (11-09-2014 - )

United States of America v. Biotronik Inc. of Lake Oswego

SACRAMENTO, CA – Biotronik Inc. of Lake Oswego, Oregon, has agreed to pay the United States $4.9 million to resolve allegations under the False Claims Act that the company made various improper payments to induce physicians to use devices manufactured and sold by Biotronik, United States Attorney Benjamin B. Wagner and the Justice Department announced today.

“When medical device manuf... More...
   $0 (11-06-2014 - CA)

Paramjeet S. Malhotra v. Robert S. Steinberg

Paramjeet and Sunita Malhotra, a married couple, filed
this qui tam action under the False Claims Act, 31 U.S.C.
§§ 3729–3733. The district court held that it lacked subject
matter jurisdiction because the Act’s “public disclosure” bar
applies. We are asked to decide whether a deposition taken
by the Office of the United States Trustee triggered the bar
and, if so... More...
   $0 (10-29-2014 - WA)

Tulsa Industrial Authority v. City of Tulsa

¶1 The dispositive issue in this appeal is whether or not Taxpayer/appellant, J. Clark Bundren, M.D., (Taxpayer), must include bondholders as necessary parties to this lawsuit. We affirm the order of the trial court.

PROCEDURE

¶2 This appeal is the second appeal in this dispute between Taxpayer and the appellees. The opinion in the first appeal was handed down on June 21, 2011,... More...
   $0 (09-30-2014 - OK)

Willa Rosenbloom v. David E.I. Pyott

Allergan, a specialty pharmaceutical manufacturer,
produces Botox, a well-known cosmetic and therapeutic drug.
In 2010, faced with allegations that it had acted illegally in
marketing and labeling Botox, Allergan settled several qui
tam suits and pled guilty in a criminal case. Allergan
ultimately paid a total of $600 million in part for civil
settlements and in part as a c... More...
   $0 (09-02-2014 - CA)

United States ex rel. Fowler and Towl v. Evercare Hospice, Inc., et al.

WASHINGTON – The United States has partially intervened against defendants in two whistleblower lawsuits in the Federal District Court for the District of Colorado alleging Evercare Hospice and Palliative Care (Evercare) submitted false claims for the Medicare hospice benefit. Evercare is now known as Optum Palliative and Hospice Care, which provides hospice services across the United States. ... More...   $0 (08-29-2014 - CO)

United States of America v. David Brown; Dr. William Campbell

In this False Claims Act (“FCA”) qui tam suit, relators Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaalla (collectively, the “Relators”) sued Citizens Medical Center (“CMC”), David Brown (“Brown”), and Dr. William Campbell, Jr. (“Campbell”). Brown and Campbell (collectively, “Appellants”) moved to dismiss the complaint based upon qualified immunity, and the district cou... More...   $0 (08-11-2014 - TX)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
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mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

Cellular Sales of Knoxville Inc. v. Martin E. McGonagle

Appellee Martin E. McGonagle as landlord and appellant Cellular Sales of Knoxville, Inc. as tenant were parties to a commercial lease. A jury found that McGonagle “fail[ed] to comply with the Lease Agreement by failing to make access to the premises leased by Cellular Sales ADA compliant” and awarded Cellular Sales $30,242 in damages. The jury also found that the amount of reasonable attorney... More...   $0 (07-21-2014 - TX)

United States of America v. Advanced Power & Lighting (“APL”)

ATLANTA, GA - Advanced Power & Lighting (“APL”) and two of the company’s former officers and/or employees, Richard Lee Robertson and Greg Piccione, have agreed to pay a total of $780,000 to settle allegations that they deliberately underpaid workers on several federally funded projects covered by the Davis-Bacon Act, and then violated the False Claims Act by submitting false and fictitious p... More...   $0 (07-10-2014 - GA)

Jose G. Garcia v. Fabricio & Michele Solorio

Jose G. Garcia appeals the trial court’s judgment awarding him $9167.51 in damages but
awarding zero attorney’s fees. In a single issue, Garcia argues the trial court erred in failing to
award him attorney’s fees. We reverse the trial court’s judgment and remand for further
proceedings consistent with this opinion.
In August 2011, Fabricio and Michele Solorio sued Garcia, a... More...
   $0 (07-07-2014 - TX)

The State of California v. Bristol-Myers Squibb Co.

This proceeding arises out of a qui tam action against Bristol-Myers Squibb Co. to impose civil penalties for violation of the Insurance Fraud Prevention Act (IFPA), Insurance Code section 1871 et seq. The relators allege Bristol-Myers employed runners and cappers to induce physicians to prescribe its drugs to their patients.

The California Insurance Commissioner and related petitioners s... More...
   $0 (06-27-2014 - CA)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Emil Brasel v. Manhattan Homeowners Association

Appellee, Manhattan Homeowners Association (“MHA”), sued appellant, Emil Brasel, for violations of a deed restriction. The jury determined that Brasel committed five out of twenty alleged violations and awarded MHA a portion of its requested attorneys’ fees through trial. The trial court granted MHA’s motion for

2

judgment notwithstanding the verdict, awarding it the full amo... More...
   $0 (06-19-2014 - TX)

Jerome Stenehjem v. Sury A. Sareen

A SLAPP suit is one in which the plaintiff ―seeks to chill or punish a party‘s exercise of constitutional rights to free speech and to petition the government for redress of grievances. [Citation.]‖ (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055.)1 The California Legislature in 1992 enacted Code of Civil Procedure section 425.16—the anti-SLAPP statute—under which SLAPP suits may be dispo... More...   $0 (06-13-2014 - CA)

Farmers Group Insurance, Inc. d/b/a Farmers Group Insurance v. Tammy Poteet

This is the second appeal in a case involving a claim under a homeowner’s policy issued by Appellant Farmers Insurance Exchange, a Farmers Insurance Group entity (Farmers), to Appellee Tammy Poteet for damages allegedly caused by a November 2002 discharge of black smoke and soot from the central heating and air-conditioning system of a home she had recently purchased from

2

Roger a... More...
   $0 (05-22-2014 - CA)

United States ex rel. Wells v. Baptist Health System Inc. et al.

Baptist Health System Inc. (Baptist Health), the parent company for a network of affiliated hospitals and medical providers in the Jacksonville, Florida, area, has agreed to pay $2.5 million to settle allegations that its subsidiaries violated the False Claims Act by submitting claims to federal health care programs for medically unnecessary services and drugs, the Department of Justice announced ... More...   $0 (05-06-2014 - CL)

United States of America v. James McHugh Construction Co., Inc.

CHICAGO, IL — A Chicago-based construction company will pay the United States and the State of Illinois $12 million to resolve allegations of fraud on government programs designed to benefit women- and minority-owned sub-contractors under the terms of a civil settlement agreement announced today. The contractor, James McHugh Construction Co., Inc., allegedly failed to abide by federal and state ... More...   $0 (05-01-2014 - IL)

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AK Morlan
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