U.S. Joins False Claims Act Lawsuit Against Georgia Medical Center And Physician

WASHINGTON, D.C. — The United States has intervened in a False Claims Act lawsuit alleging that Satilla Health Services Inc., dba Satilla Regional Medical Center, and Dr. Najam Azmat submitted claims for medically substandard and unnecessary services to Medicare and Medicaid, the Justice Department...

Russell Budd Announces Opening Of Baron & Budd P.C. Office In Miami

MIAMI - Russell Budd has announced the opening of plaintiff's law firm Baron & Budd, P.C. 's new office in Miami. The new office will offer its services to individuals and businesses with environmental issues as well as those victimized by unsafe drugs and securities fraud. Baron &...

Novartis To Pay $422.5M For Off-Label Promotion Of 6 Drugs

PHILADELPHIA -- Novartis Pharmaceuticals Corp. will pay $422.5 million in criminal and civil penalties to resolve off-label marketing allegations for six drugs, the federal government announced Sept. 30 ( United States of America v. Novartis Pharmaceuticals Corporation , No. 10-cr-650, E.D. Pa.; United...

Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

R. Scott Oswald Elected President Of MWELA

WASHINGTON, D.C. - R. Scott Oswald , managing principal of The Employment Law Group law firm, has been elected to serve as the 2011-2012 president of the Metropolitan Washington Employment Lawyers Association (MWELA). MWELA is the 300-lawyer Washington, D.C., metropolitan area affiliate of the National...

Williams Mullen Alert: For Whom the Whistle Blows: Analysis Of The American Apparel Shareholder Derivative Litigation From A Whistleblower Perspective

By Mary Pivec and Igor M. Babichenko I. INTRODUCTION On July 31, 2012, the United States District Court for the Central District of California dismissed without prejudice a shareholder derivative suit against American Apparel and its individual directors. The complaint alleged that the individual directors...

And The Beat Goes On. . . Medicaid Fraud Suits Continue Churning and Returning Taxpayer Money Paid To Medical Providers

In anticipation of the upcoming U.S. presidential election, the news cycle is heating up with discussions about federal and state budget deficits and funding for Medicare/Medicaid programs. Both the Republican and Democratic Parties are lining up and getting ready to pitch their proposals to the public...

William A. Ruskin: First Amendment Bars Pharmaceutical Company Prosecution

By William A. Ruskin The Second Circuit [on Dec. 3] rendered its much-anticipated decision in United States v. Caronia [ enhanced version available to lexis.com subscribers ], the most important Food Drug and Cosmetics Act enforcement case pending in the country. Not only did the court's 2-1 holding...

Foley & Lardner LLP: 7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

By Eric G. Pearson A cardinal rule of a qui tam action brought under the False Claims Act is that the relator must be the information’s original source. In United States ex rel. Heath v. Wisconsin Bell, Inc. , No. 12-3383 (7th Cir. July 28, 2014) , the Seventh Circuit grappled with this bar...

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...