As described in an April 17, 2018 article originally posted on the Sheppard Mullin Richter and Hampton, LLP False Claims Act Defense Blog, Kmart Corporation and the U.S. Department of Justice entered into a False Claims Act...more
4/26/2018
/ Attorney's Fees ,
Damages ,
Department of Justice (DOJ) ,
Elder Abuse ,
False Claims Act (FCA) ,
Former Employee ,
Fraud ,
Kmart ,
Medi-Cal ,
Medicaid ,
Medicaid Reimbursements ,
Pharmacies ,
Settlement Agreements ,
Whistleblowers
A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more
2/6/2018
/ Administrative Remedies ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Health Care Providers ,
Implied Certification ,
Materiality ,
Motion to Dismiss ,
Regulatory Oversight ,
Relators ,
Scienter ,
SCOTUS ,
Summary Judgment ,
Universal Health Services Inc v United States ex rel Escobar
On June 16, 2016, the Supreme Court issued its opinion (“Op.”) in Universal Health Services v. U.S. ex rel. Escobar (“Escobar”), a case testing the viability and scope of the implied certification theory of False Claims Act...more
6/20/2016
/ Conditions of Payment ,
Failure To Disclose ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Pleading Requirements ,
Fraud ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Mental Health ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
The federal crop insurance program is an often overlooked area of potential liability under the False Claims Act (“FCA”). The program, which is governed by a substantial body of regulatory law, is subject to intense...more
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more
6/30/2014
/ Discovery ,
Electronic Medical Records ,
Electronically Stored Information ,
False Claims Act (FCA) ,
Halifax Hospital ,
Hospitals ,
Medical Records ,
Medicare ,
Qui Tam ,
Spoliation ,
Statute of Limitations