David H. Chen
Subscribe to David H. Chen's PostsSeventh Circuit Rejects FCA Retaliation Claim
By David H. Chen on Oct 24, 2016
Posted In Retaliation
On October 11, 2016, a three-judge panel of the Seventh Circuit Court of Appeals issued a ruling in United States ex rel. Uhlig v. Fluor Corp., affirming summary judgment against the relator in an FCA action where the government had declined to intervene. See generally 2016 WL 5905714, No. 14-2815 (7th Cir. Oct. 11, 2016)....
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Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers
By David H. Chen on Sep 19, 2016
Posted In Retaliation
The Fifth Circuit Court of Appeals recently affirmed a district court’s dismissal of a retaliation claim under the False Claims Act (FCA) as to several individual defendants. In Howell v. Town of Ball, a Ball, Louisiana police officer, Howell, sued the town and several town officials for employment retaliation in violation of the FCA (among...
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Ninth Circuit Rejects Qui Tam Relator’s Original Source Claim
By David H. Chen on Aug 8, 2016
Posted In Public Disclosure Bar
On July 27, 2016, a three-judge panel of the Ninth Circuit Court of Appeals in California issued a ruling in United States ex rel. Hastings v. Wells Fargo Bank, NA, Inc., affirming the district court dismissal of a qui tam suit on the grounds that the relator was not an original source. The relator had...
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First Circuit Rejects FCA Suit On Public Disclosure Grounds
By David H. Chen on Jul 8, 2016
Posted In Public Disclosure Bar
On June 30, 2016, a three-judge panel of the First Circuit Court of Appeals in Boston issued a ruling in United States ex rel. Winkelman and Martinsen v. CVS Caremark Corp., affirming the district court dismissal of a qui tam suit (in which the United States had declined to intervene) on public disclosure grounds. The...
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Wisconsin Repeals State FCA
By David H. Chen on Jul 15, 2015
Posted In State Law Claims
On July 12, 2015, Wisconsin governor Scott Walker signed into law the budget passed by the state legislature the previous week. The budget included a short rider that repeals Wisconsin’s 2007 False Claims for Medical Assistance Act, Wis. Stat. s. 20.931—the state’s version of the federal False Claims Act (FCA). Prior to its repeal, the...
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Update On False Claims Developments at the State Level
By David H. Chen on Apr 10, 2015
Posted In Damages and Penalties, State Law Claims
On March 21, 2015, the Maryland state senate passed a revised version of Bill No. 374, which, as previously noted, would create a state version of the federal False Claims Act (FCA) if signed into law. As amended, however, the proposed statute is somewhat less plaintiff-friendly than before. For example, it: imposes an absolute 10-year...
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States Continue to Develop False Claims Act Analogs
By David H. Chen on Mar 5, 2015
Posted In Damages and Penalties, State Law Claims
On February 6, 2015, both houses of the Maryland legislature introduced bills that would add Maryland to the growing list of states with their own version of the False Claims Act (FCA). If signed into law, Maryland will, effective October 1, 2015, impose a $10,000 civil penalty and triple damages for, inter alia, “knowingly present[ing]...
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