"We need to stop lying to physicians about the efficacy of our drug," said pharmaceutical marketing director, Wally Whistleblower. "Physicians are prescribing our drug off-label…
Read More »Courts have uniformly held that False Claims Act qui tam relators must plead their allegations with specificity to satisfy the heightened Rule 9(b) pleading standard.…
Read More »Whistleblowers have sometimes decided against stepping forward because they had participated, however slightly, in the underlying fraud scheme. Indeed, a provision of the False Claims…
Read More »On August 4, 2015, the Department of Justice announced that Pediatric Services of America and some of its related entities have agreed to pay $6.88…
Read More »Recently, Nolan Auerbach & White partner Jeb White was a guest lecturer during the opening session of the George Washington University Healthcare Corporate Compliance Program.…
Read More »Increasingly, corporations are filing qui tam lawsuits against competitors. Many of these cases stem from the perception that the competitors are gaining and unfair advantage by…
Read More »In the False Claims Act ("FCA") arena, special attention is paid to opinions coming from courts with full FCA dockets. Because the Eastern District of…
Read More »In June 2014, the Justice Department intervened in a False Claims Act qui tam action filed against hospice behemoth IPC The Hospitalist Company, Inc., alleging…
Read More »The False Claims Act's (FCA) "public disclosure bar" and its "original source exception," have been amended several times over the years, but the basic statutory…
Read More »For many years, the Justice Department rarely filed third-party briefs in non-intervened whistleblower qui tam actions. Indeed, unless the litigation raised questions about the constitutionality of the False…
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