Eli Berman
Subscribe to Eli Berman's PostsM. Elias (Eli) Berman focuses his practice on complex civil and criminal litigation and government investigations. Read Eli Berman's full bio.
Recent District Court Decisions Highlight Conflicting Stances on Dismissal of Frivolous FCA Claims
By Eli Berman on Aug 17, 2018
Posted In Government investigation, Government Knowledge, Materiality
On June 29, 2018, federal district courts in California and Kentucky issued conflicting decisions over the deference owed to prosecutors in seeking to dismiss frivolous False Claims Act (FCA) claims and the effect of the January 2018 Granston Memo, which recognized dismissal as an “important tool” to advance governmental interests, preserve limited resources and avoid...
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Escobar Upends $350 Million FCA Verdict
By Eli Berman on Jan 17, 2018
Posted In Government Knowledge, Materiality
On January 11, 2018, a federal court in Florida overturned a $350 million False Claims Act (FCA) jury verdict against a nursing home operator, finding “an entire absence of evidence of the kind a disinterested observer, fully informed and fairly guided by Escobar, would confidently expect on the question of materiality.” In United States ex....
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Another State Alleges False Claims Act Violation to Combat Opioid Crisis
By Eli Berman on Oct 26, 2017
Posted In Pharmaceuticals
On October 5, 2017, the State of New Jersey sued Insys Therapeutics, Inc. (Insys), alleging that the company improperly marketed and promoted the opioid-fentanyl painkiller drug, Subsys. The civil complaint (Complaint) follows a series of federal indictments (and in some cases guilty pleas), of several Insys employees and executives, as well as lawsuits and ongoing...
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Another Court Rejects Claims Based on Differences of Clinical Judgment; Also Rejects Extrapolation Attempt
By Eli Berman and Laura McLane on Jun 29, 2016
Posted In Medical Necessity, Retaliation, Sampling/Extrapolation
On June 20, 2016, the United States District Court for the Northern District of Texas granted summary judgment in defendants’ favor on all but her retaliation claims in relator’s False Claims Act (FCA) suit against defendants Vista Hospice Care, Inc. and VistaCare, Inc. The court found that the relator, a former social worker at Defendants’...
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