As an initial matter, the government’s refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a “well-established exception” to the traditional Article III…
On July 17, Sofia Calabrese moderated The Anti-Fraud Coalition (TAF) YLD War Stories webinar. The webinar centered around the Fesenmaier case and featured Chandra Napora and Jonathan Lischak of Morgan Verkamp, who were instrumental in securing the $487 Million judgment against Defendants Cameron-Ehlen Group, Inc. dba Precision Lens and its…
In a recent Legal Intelligencer article, Phila. Attorneys Reach $9M Settlement for Whistleblower Claims the US Declined, Philadelphia-based litigation reporter Aleeza Furman detailed how Kang Haggerty attorneys secured a $9 million settlement with defendants in a False Claims Act qui tam lawsuit over the distribution of illegitimate fentanyl prescriptions. Furman…
Member Edward T. Kang and Associate Ross Wolfe attended the Federal Bar Association Qui Tam Section’s Annual Qui Tam Conference in Washington, DC, from February 16 through February 17. This year’s theme was New Frontiers: Redefining the Landscape of the FCA. The Qui Tam Section of the Federal Bar Association…
In the October 2022 Edition of Taxpayers Against Fraud (TAF) Newsletter, Kandis Kovalsky wrote “Relator’s Share: What Is It? How Does It Work? What Is The Process?” To incentivize whistleblowers to assist the Government in combatting fraud on the Government and its taxpayers, the False Claims Act, 31 U.S.C. §…
This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context. In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Qui Tam Suits…
In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel., __, 575 U.S. __ (2015), two questions were presented before the U.S. Supreme Court: first, whether the Wartime Suspension of Limitations Act (WSLA) suspends the already generous statute of limitation under the False Claims Act (FCA);…
A federal court in Pennsylvania recently ruled that counterclaims against the whistleblower filed by the target of a whistleblower action can survive. The United States District Court for the Eastern District of Pennsylvania, in United States of America ex rel. Lorraine Notorfransesco v. Surgical Monitoring Association, Inc., et al. (Tucker,…
Another day, another whistleblower claim, as increased action continues on qui tam front. A bus driver named Robert Dukin drove for the Mount Olive school district from 2007 to 2010 but he claims he was let go for reporting unsafe working conditions of his vehicle. Dukin v. Mount Olive Twp. Bd. of Ed. came…
by Edward Kang Discovery to be Coordinated in Massive $11 Billion Whistleblower Suit Discovery should be coordinated in two qui tam cases filed against Education Management Corp., or EDMC, an education company… U.S. District Judge Terrence McVerry of the Western District of Pennsylvania has ruled that discovery should be coordinated…