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
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
Only a few days after we noted that the Sixth Circuit seems to be deciding an usually large number of healthcare decisions, the Court was at it again yesterday. In Chesbrough v. VPA, PC, Case No. 10-1494, the Court considered a False Claims Act brought by a qui tam relator, alleging fraudulent Medicare and Medicaid … Continue Reading
Back in October, this blog considered the Sixth Circuit’s strict application of the False Claim Act’s requirement that qui tam complaints be filed under seal. In doing so, we questioned whether the Court’s decision in US ex rel Summers v. LHC Group, Inc., No. 09-5883 (6th Cir. Oct. 4, 2010), upholding the dismissal of an … Continue Reading
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
