Supreme Court to Cell Phone Users: The Right to Be Free From Spam Calls Is Alive and Well
Posted July 29th, 2020 by Russell Kornblith in Civil Litigation.
This month, the Supreme Court handed down a victory for cell phone users (which is practically all of us these days) in Barr v. American Association of Political Consultants, Inc. The case concerns the Telephone Consumer Protection Act of 1991 (“TCPA”). Under the Act, anyone who makes an unsolicited robocall or text message can be […]
Common Schemes by Medical Device Manufacturers that Lead to False Claims Act Liability
Posted July 9th, 2018 by Sanford Heisler Sharp, LLP in Whistleblower Law.
Medical devices are a crucial component to health care treatment and advancements. With an increasingly competitive market, medical device manufacturers and sales personnel are under pressure to maximize their sales and outpace competitors. To accomplish these objectives, device manufacturers may engage in sales practices that violate the False Claims Act (FCA)—a federal statute that allows […]
“The More the Merrier”: When Multiple Whistleblowers Jointly File a False Claims Act Case It Often Creates a Stronger Case
Posted March 19th, 2018 by Altomease Kennedy in Whistleblower Law.
The federal False Claims Act — as well as state False Claims Acts — rewards the people who provide information about companies and individuals who cause federal and/or state government entities to pay these parties more than they’re entitled to receive. These statutes also permit whistleblowers to jointly bring False Claims Act lawsuits and then […]
Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”
Posted November 7th, 2017 by Sanford Heisler Sharp, LLP in Whistleblower Law.
When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]
Private Insurance Whistleblower Law: The California Insurance Frauds Prevention Act
Posted October 2nd, 2017 by Andrew Melzer in Whistleblower Law.
Most, if not all, states have insurance fraud prevention statutes designed to punish those who defraud private insurers. California, however, has enacted a law that takes insurance fraud prevention a step further. The California Insurance Frauds Prevention Act (“IFPA”) contains qui tam provisions that allow individuals or entities, known as relators: i) to blow the […]
Healthcare Workers Are Needed As False Claims Act Whistleblowers to Expose Healthcare Fraud
Posted July 31st, 2017 by Altomease Kennedy in Whistleblower Law.
President Trump made the “repeal and replacement” of the Affordable Care Act a centerpiece of his Presidential Campaign and Presidency. Thus, as Congress has attempted to “repeal and replace” “Obamacare,” the costs associated with health care have become a major focus of national attention. Such costs, and which party will bear them, are crucial issues […]
