Articles Posted in US Court of Appeals for the Second Circuit

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A violation of the False Claims Act's (FCA) first‐to‐file bar cannot be remedied by amending or supplementing the complaint. Relator filed a qui tam action against Allergan, alleging that the pharmaceutical company violated the FCA through a kickback scheme. The Second Circuit reversed and remanded with instructions for the district court to dismiss relator's Third Amended Complaint without prejudice. In this case, relator was not the first relator to sue Allergan under the FCA based on the alleged kickback scheme. View "United States ex rel. Wood v. Allergan, Inc." on Justia Law

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Plaintiffs Chorches and Fabula filed a qui taim suit under the False Claims Act (FCA), 31 U.S.C. 3729 et seq., against AMR, alleging that AMR made false statements and submitted false Medicare and Medicaid claims. Plaintiff Fabula also alleged a retaliation claim. The Second Circuit vacated the district court's dismissal of the claims and held that Chorches has pled the submission of false claims with sufficient particularity under Fed. R. Civ. P. 9(b), as applied in the qui tam context, and that Fabula's refusal to falsify a patient report, under the circumstances of this case, qualified as protected activity. Accordingly, the court remanded for further proceedings. View "Fabula v. American Medical Response, Inc." on Justia Law