Throughout 2014, Akin Gump has consistently persevered in multiple high stakes False Claims Act (FCA) cases on behalf of several clients facing qui tam actions.
These victories include:
- U.S. District Court for the District of Delaware decision in United States ex rel. Moore & Company, P.A. vs. Dongwon Industries Company, et al, No. 12-1562 SLR (D. Del. Sept. 23, 2014) holding that plaintiff’s FCA lawsuit was barred under the FCA’s public disclosure bar. This is a complete win for the client in a significant case.
- Fifth Circuit’s decision in United States ex rel. Johnson v. Planned Parenthood of Houston, No. B-20206, 2014 U.S. App. LEXIS 10604 (5th Cir. June 4, 2014) affirming dismissal of FCA complaint alleging that client submitted false Medicaid claims. The ruling in this case was particularly notable as it reinforced the viability of the FCA’s “first to file” doctrine as a bar to duplicative lawsuits, benefitting corporate entities who are or may become targets for multiple, overlapping FCA lawsuits brought by purported whistleblowers.
- U.S. District Court for the District of New Jersey decision in United States ex rel. Portilla v. Riverview Post Acute Care Ctr., 2014 U.S. Dist. LEXIS 44002 (D.N.J. Mar. 31, 2014) dismissing FCA complaint alleging that client, a chain skilled nursing facility operator, submitted false Medicare and Medicaid claims.