Tag Archives: QUI TAM

The Sixth Circuit Clarifies Pleading Standards

United States ex rel. Andrew Hirt v. Walgreen Company offers an important cautionary tale for plaintiffs considering claims, or defendants facing claims, brought under the False Claims Act. But it also offers some insights regarding allegations of fraud more generally. The Sixth Circuit faced, head-on, the question of the heightened pleadings standard, and made clear … Continue Reading

Sixth Circuit Defines “Public Disclosure” Bar to False Claims Act Suits, Weighs in on Circuit Split

Late last month, the Sixth Circuit issued a decision in United States ex rel. Whipple v. Chattanooga-Hamilton County Hospital Authority, a False Claims Act case against a hospital for fraudulent Medicare and Medicaid claims, and held that internal government disclosures in previous investigations do not trigger the “public disclosure” bar of the FCA. In 2006, an … Continue Reading

Relator’s Failure to Strictly Follow False Claims Act Procedure Warrants Dismissal

In a matter of first impression, the Sixth Circuit recently held in US ex rel Summers v. LHC Group, Inc., No. 09-5883 (6th Cir. Oct. 4, 2010).pdf that a plaintiff’s failure to adhere to the False Claims Act’s (“FCA”) procedural requirements, without more, warrants dismissal of the complaint.  The well-reasoned decision, authored by Judge Boggs, … Continue Reading