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Tag Archives: false claims act

Labor & Employment – Military Contractor – Whistleblower Act – Independent Contractor (access required)

Manion v. Spectrum Healthcare Resources Since the Defense Contractor Whistleblower Protection Act does not define “employee,” the court looks to the history of the False Claims Act to determine that “employee” includes an independent contractor who works for defense contractors. Defendants’ motions to dismiss and for judgment on the pleadings are denied.

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Contract – False Claims Act – Student Loan Corporations – ‘Arm of the State’ Analysis (access required)

U.S. ex rel. Jon H. Oberg v. Kentucky Higher Educ. Student Loan Corp. A district court did not use the correct test when analyzing whether student loan corporations formed by four different states may be sued in a qui tam action alleging they defrauded the U.S. Department of Education; the 4th Circuit vacates a lower court’s dismissal of the suit on the ground that the corporations were “state agencies” not subject to suit under the False Claims Act, and remands for the district court to apply an “arm of the state” analysis.

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Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital (access required)

U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.

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