The Supreme Court granted certiorari today in a case that will decide two important questions under the False Claims Act (FCA). In United States ex rel. Polansky v. Executive Health Resources, Inc., the Relator asks the Court to decide:
1. Whether the government has authority to dismiss an FCA suit after initially declining to
Last week, the EDNY and the DOJ Consumer Protection Branch brought a civil enforcement action against defendants who manufacture and sell an herbal tea product called B4B Earth Tea Extra Strength (“Earth Tea”). Earth Tea costs $60 for each 16-ounce bottle.
The Government alleges that since April 2020, defendants have falsely advertised Earth Tea on
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 the requirements for an interlocutory appeal of the denial of their motion to dismiss FCA
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 fees, and expensive dinners to induce them to prescribe Novartis cardiovascular and diabetes drugs. The
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 prescription drugs in violation of the False Claims Act and the Anti-Kickback Statute.
Compounding
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 facilitating massive volumes of fraudulent robocalls to consumers, through a preliminary injunction decision issued by
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 failed to exhaust their administrative remedies before the Drug Enforcement Administration (DEA). Rather than dismissing
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 action is brought within three years of Government knowledge of the alleged fraud. Cochise Consultancy,
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 self-disclosure of misconduct, meaningful cooperation with an FCA investigation, and implementation of adequate and
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, Judge Ramos held that the Metropolitan Transportation Authority (MTA) and NYC Transportation Authority