False Claims Act Whistleblower Archives

False Claims Act Whistleblower Lawyer Quoted About First-to-File Cases

Leading whistleblower lawyer Jason Zuckerman shared his analysis of False Claims Act developments with Bloomberg Government Federal Contracts Report. An article titled “Two Rulings Force Whistle-Blowers To Wait, Maybe Too Long” quotes Zuckerman about the impact of two recent decisions construing the False Claims Act first-to-file bar, the DC Circuit’s opinion in Shea v. Cellco P’ship, 863 F.3d 923 … Continued

False Claims Act Whistleblower Provision Protects Refusal to Violate False Claims Act

False Claims Act Whistleblower Prevails on Appeal The Second Circuit’s decision in Fabula v. American Medical Response, Inc. establishes that refusal to play a role in an unlawful scheme to defraud the government is protected under the whistleblower protection provision of the False Claims Act. In particular, refusal to falsify documentation about medical services so as to hinder … Continued

Whistleblower Firm Publishes Practice Note About Federal Government Contractor Whistleblower Protection Law

NDAA Whistleblower Protection Law Washington D.C. whistleblower firm Zuckerman Law, published a Practice Note in Practical Law, a Thomson Reuters publication, titled Whistleblower Protections Under the National Defense Authorization Act. This Practice Note surveys the legal protections for employees of federal contractors, subcontractors, and grantees that receive federal funds who report waste, fraud, or abuse involving federal … Continued

GAO Report Calls for Improvements in Government Contractor Whistleblower Protections

NDAA Whistleblower Protection Law In a report entitled “Contractor Whistleblower Protections Pilot Program: Improvements Needed to Ensure Effective Implementation,” the U.S. Government Accountability Office (GAO) identifies deficiencies in the implementation of the NDAA whistleblower protection provisions and makes recommendations to improve these vital protections for employees of government contractors and grantees. The report identified the following flaws … Continued

Washington DC Whistleblower Lawyer Jason Zuckerman Will Speak at DC Bar Panel About Whistleblower Litigation

Washington DC whistleblower lawyer Jason Zuckerman will speak at the DC Bar’s annual CLE Changing Currents in Employment Law 2016: Recent Trends and Developments on a panel titled Whistle While You Work: Does Your Whistleblower Have a Qui Tam. Zuckerman will join distinguished employment lawyer Robert Niccolini to discuss recent developments under whistleblower protection laws, … Continued

False Claims Act Retaliation Law Protects Efforts to Stop an FCA Violation

False Claims Act Whistleblower Protection for Government Contractor Employees A September 2016 decision in a False Claims Act (“FCA”) whistleblower retaliation case clarified the broad scope of protected whistleblowing for whistleblowers that suffer for retaliation for trying to stop fraud. In United States ex rel. Lee v. N. Adult Daily Health Care Ctr., No. 13-CV-4933-MKB, … Continued

Retaliatory Lawsuit Against Whistleblower Dismissed on Summary Judgment

On September 7, 2016, a Texas appellate court in MJS and Associates, LLC v. Master et al., No. 12-15-00219-CV (Tex. Ct. App. 2016) affirmed a ruling in favor of a False Claims Act whistleblower who was sued by her former employer MJS and Associates, LLC (MJS) for bringing a False Claims Act (FCA) suit. … Continued

False Claims Act Whistleblower Obtains Favorable Rule on Double Back Pay

False Claims Act Whistleblower Disclosed Kickbacks In a recent False Claims Act case, a whistleblower obtained a favorable ruling on the remedies available for False Claims Act whistleblowers. In Mooney v. Americare, the whistleblower alleged retaliation for disclosing kickbacks from fraudulent referrals and the fraudulent alteration of documents submitted to Medicaid and Medicare. In particular, … Continued

False Claims Act Retaliation Decisions Calls “Duty Speech” Heightened Pleading Standard into Question

Whistleblower Disclosed False Billing A recent decision from the Southern District of New York denying a motion to dismiss a False Claims Act retaliation case calls into question the viability of the heightened pleading standard for “duty speech” whistleblowing under the False Claims Act. In particular, Judge Pauley’s decision in Malanga v. NYU Lagone Med. Cir .suggests … Continued

False Claims Act Decision Recognizes Public Policy Exception to Confidentiality Agreements

In a False Claims Act case in which the relators allege that Mount Sinai Hospital and affiliated entities committed improper billing and wrongful payment retention misconduct, Judge Berman of the United States District Court for the Southern District of New York held that the realtors could use confidential patient records as the basis for their … Continued

False Claims Act Retaliation Law Does Not Preempt State Wrongful Discharge Claims

False Claims Act Retaliation Provision is Not an Exclusive Remedy In Salazar v. Monaco Enterprises, Inc., a Washington federal judge held that the whistleblower protection provision of the False Claims Act is not an exclusive remedy for an employee of a government contractor who is discharged for reporting fraud on the government, and therefore the … Continued

False Claims Act Retaliation Decision Underscores Broad Scope of FCA Whistleblower Protection

False Claims Act Whistleblower Retaliation A recent decision in Mikhaeil v. Walgreens Inc., a False Claims Act retaliation case, establishes helpful precedent on the broad scope of False Claims Act protected conduct. Mikhaeil had worked as a staff pharmacist at Walgreens in July 2012 and alleged that her employment was terminated for raising concerns about … Continued