Last week, EDNY Chief Judge Margo Brodie certified a False Claims Act (FCA) appeal to the Second Circuit. In United States ex rel. Quartararo v. Catholic Health System of Long Island Inc., the district court found that defendants met
Continue Reading EDNY Certifies Interlocutory Appeal of False Claims Case To Second Circuit
Novartis Pharmaceuticals Corp. agreed earlier this month to pay $678 million to settle an SDNY False Claims Act case. The SDNY alleged that Novartis violated the False Claims Act and the Anti-Kickback Statute by giving doctors cash payments, exorbitant speaker
Continue Reading Novartis Agrees To $678 Million False Claims Act Settlement With SDNY For Sham Speaker Programs
Compound prescription drugs have increasingly become a target for DOJ health fraud enforcement activities. In early April, the SDNY U.S. Attorney’s Office entered into a civil settlement with two pharmacies and two individuals for submitting fraudulent claims for reimbursement for compounded
Continue Reading Compound Pharmacies Enter False Claims Act And Anti-Kickback Statute Settlement
The corona virus pandemic has presented new opportunities for fraud, particularly against the elderly and vulnerable, and these fraudulent schemes are often carried out through robocalls.
The EDNY U.S. Attorney’s Office recently obtained civil injunctions against defendants alleged to be
Continue Reading EDNY Courts Enjoin Transmission of Fraudulent Robocalls
Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA). The Court held that plaintiffs had
Continue Reading Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion
The Supreme Court today unanimously decided that a relator may take advantage of the longer ten-year statute of limitations under the False Claims Act in a case in which the United States has declined to intervene, as long as the
Continue Reading Supreme Court Unanimously Decides Relator May Use Ten-Year Limitation Period In Declined FCA Case
Earlier this week, the Department of Justice Civil Division announced guidelines for factors to consider and credit to be given in False Claims Act investigations and prosecutions. The guidelines broadly stressed three forms of conduct that may merit credit, including voluntary
Continue Reading DOJ Outlines Guidance For Cooperation Credit in False Claims Act Cases
The replacement of stairways at the Middletown Road Subway Station in the Bronx triggered accessibility requirements that may include installing elevators, according to a recent decision from SDNY District Judge Edgardo Ramos. In Bronx Independent Living Services v. Metropolitan Transportation Authority
Continue Reading MTA Required To Provide Disability Access In Subway Station Renovation Unless Technically Infeasible
The Second Circuit examined the False Claims Act’s “alternate remedy” provision for the first time yesterday, holding that a fugitive who had dismissed his qui tam action was not entitled to a share of a $25.6 million FCA settlement. In
Continue Reading Fugitive Relator’s Alternate Remedy Claim For Part Of $25.6 Million FCA Settlement Fails In Second Circuit
The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to require the City to cover the Hillview Reservoir in Yonkers,
Continue Reading Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years
