Tag: Qui Tam

The Adventures of Dickie Scruggs: How the FCA’s Seal Requirement Became Less Scary

Yesterday, December 6, 2016, the U.S. Supreme Court issued its opinion in State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby et al., 580 US __ (2016), available here. The primary issue in that case was whether a violation of the False Claims Act’s (FCA) seal requirement mandated dismissal of the relator’s Qui…




SCOTUS to Address Tragic False Claims Act Case on Viability of Implied Certification Theory

On April 19, 2016, the Supreme Court will hear oral argument regarding a False Claims Act case that could have significant effects for Qui Tam cases in the future. In Universal Health Services Inc. v. U.S. ex rel Escobar the Court will address the distinction between implied versus express certification and between preconditions that relate…




Obamacare

Obamacare’s Liberalization of the FCA’s “Original Source” Requirement and “Public Disclosure” Prohibition

Under the False Claims Act (FCA), in order to bring a Qui Tam claim, the Relator must be an “original source” of the information upon which the lawsuit is based, and that information cannot have been the subject of a previous “public disclosure.”  These requirements were recentlly significantly changed to encompassed a broader spectrum of Relators…




FCA Qui Tam Lawsuits Result in $22 Million Settlement for DOJ

Genzyme Corp., a bio tech firm, has paid $22.28 million to settle a False Claims Act (FCA) qui tam lawsuit brought by two relators on behalf of the federal government.  The Department of Justice announced that this settlement was reached based upon two lawsuits filed by former employees of the company.  In these lawsuits the…




Engineer’s False Claims Act Qui Tam Action Results in Verdict that Could Expose Pipe Maker to Billions of Dollars in Damages

In 2006 John Hendrix, a former engineer at the world’s largest commercial piping producer, JM Eagle, filed a qui tam action against his former employer under the False Claims Act.   Mr. Hendrix’s lawsuit alleged that JM Eagle knowingly manufactured and sold to government entities substandard plastic pipe that was used in water and sewer systems…




Lengthy Toumey Case Results in $237.5 Million Judgment for Stark and FCA Violations

On September 30, 2013, the U.S. District Court for the District of South Carolina handed down the latest order in the nearly one decade old U.S. ex rel. Drakeford v. Tuomey Healthcare System, Inc. False Claims Act litigation.  In her order, Senior U.S. District Judge Margaret B. Seymour directed Tuomey Healthcare System to pay over…