Berger & Montague, PC

Category: Content
Type: Blog Article

Generated 3 days ago

New blog articles detected

  • Using Differences in Geographic Scope to Avoid the First-to-File Rule in False Claims Act Whistleblower Cases

    By Sherrie Savett and Jonathan DeSantis As recounted in our previous blog entry, the federal False Claims Act (“FCA”) contains a first-to-file rule, which provides that “[w]hen a person brings an action under [the False Claims Act] no person other than the Government may intervene or bring a related action based on the facts underlying […] The post Using Differences in Geographic Scope to Avoid th...

  • Piercing The Attorney Client Privilege In Qui Tam Whistleblower Cases Under The False Claims Act

    By Daniel Miller It is well established that the scope and conduct of discovery are well within the sound discretion of the trial court.  Gaul v. Zep Mfg. Co., No. 03-2439, 2004 U.S. Dist. Lexis 1990, at *3 (E.D. Pa. Feb. 5, 2004) (quoting Marroquin-Manriquez v. Immigration and Naturalization Serv., 699 F.2d 129, 134 (3d […] The post Piercing The Attorney Client Privilege In Qui Tam Whistleblower ...

  • Avoiding Application of the False Claims Act’s First to File Bar

    By Sherrie R. Savett and Jonathan Z. DeSantis The False Claims Act’s first-to-file rule provides that “[w]hen a person brings an action under [the False Claims Act], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5).  This blog provides […] The post Avoiding Application of the False Claims Act’s Fir...

Berger & Montague, PC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • The FCA’s Seal Requirement: Important But (Maybe) Not Fatal

    By Jonathan DeSantis On December 6, 2016 in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby,[1] the Supreme Court resolved a circuit split in holding that a violation of the False Claims Act’s (“FCA”) seal requirement does not automatically require dismissal of a relator’s claims.  Still, relators and their counsel should […] The post The FCA’s Seal Requirement: Important But (May...

  • Excellent Opinion in Support of False Claims Act Case for Customs Fraud

    By Susan Thomas The appeals court for the Pennsylvania-New Jersey-Delaware region recently issued an excellent ruling permitting claims of import fraud to proceed.  The ruling addressed several different issues, but this article will focus only on two – finding that sufficient details had been pled based on a credible methodology for alleging that a substantial […] The post Excellent Opinion in Su...

  • Businesses That Misrepresent Their “Special Status” Eligibility for Contract or Grant Preferences Can Be Liable Under the False Claims Act

    By Susan Thomas “The Congress has established a number of statutory goals designed to help small businesses compete for Federal contracts. In addition to the goal of awarding at least 23 percent of all Federal prime contracting dollars to small businesses, the Congress also established Government-wide contracting goals for participation by small businesses that are […] The post Businesses That Mis...

  • The FCA Protects Whistleblowers from Employer Retaliation

    By Jonathan DeSantis and Sherrie Savett Employers frequently retaliate against whistleblower employees through a variety of adverse actions, including termination, demotion, failure to promote, or reassignment to a less desirable position.   Employers will often attempt to justify retaliation by creating an excuse that is unrelated to an employee’s attempts to uncover or report fraud when the […] ...

  • FCA Liability for Medicare Advantage Fraud Part 1: Presentment of False Claims by Medical Providers to Medicare Advantage Organizations

    By Jonathan DeSantis Medicare fraud is one of the prime drivers of litigation under the False Claims Act (“FCA”). Under traditional Medicare, service providers are directly reimbursed with federal government funds. In 2003, Congress significantly expanded the availability of an alternative to traditional Medicare known as Medicare Advantage.  Medicare Advantage differs from traditional Medicare in...

Berger & Montague, PC

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • Background Check Errors FAQs

    When businesses are vetting a new or potential employee, it’s common for them to run a background check on the individual. This can sometimes be anxiety-producing, but it’s important to know that you have rights. The U.S. Equal Employment Opportunity Commission (EEOC) protects applicants and employees from discrimination, and the Fair Credit Reporting Act (FCRA) […] The post Background Check Error...

Berger & Montague, PC

Category: Content
Type: Blog Article

Generated 5 months ago

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