Articles and Blogs

In United States ex rel. Sedona Partners LLC v. Able Moving & Storage Inc., the Eleventh Circuit Court of Appeals (the “Court”) recently reversed a district court’s ruling that relators could not use materials obtained during discovery to satisfy the heightened pleading requirement under Federal Rule of Civil Procedure 9(b) (“Rule 9(b)”).  Background The... READ MORE

On July 21, 2025, the Tenth Circuit issued an important decision, confirming that employees asserting discrimination claims under the Americans with Disabilities Act (“ADA”) need not demonstrate a “significant change” in employment status. Instead, following the U.S. Supreme Court’s recent decision in Muldrow v. City of St. Louis (“Muldrow“), the Tenth Circuit held that... READ MORE

Effective July 1, 2025, Indiana Medicaid is no longer required to reimburse for services rendered during an Application for Emergency Detention (“AED”) without regard to medical necessity.   Background In 2023, Indiana overhauled its emergency detention framework through HEA 1006, which extended emergency detention to 14 business days, restructured procedures for initiating detentions and formally... READ MORE

The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction.... READ MORE

In U.S. ex rel. Wilkerson v. Allergan, the U.S. District Court for the Northern District of Illinois (the “Court”) recently ruled that “but-for” causation is required for liability under the False Claims Act (“FCA”) resulting from alleged Anti-Kickback Statute (“AKS”) violations. This opinion aligns with the First, Sixth and Eighth Circuits, which deviated from the... READ MORE

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and... READ MORE

On April 24, 2025, the U.S. Court of Appeals for the Seventh Circuit (the “Seventh Circuit” or “Court”) affirmed summary judgment in Partin v. Baptist Healthcare Sys., Inc., applying the McDonnell Douglas burden-shifting framework to Emergency Medical Treatment and Active Labor Act (“EMTALA”) retaliation claims. Case Background Plaintiff Dr. William Partin (“Partin”) was an... READ MORE

On April 14, 2025, the U.S. Court of Appeals for the Seventh Circuit (the “Court”) reversed the conviction of Mark Sorensen under the federal Anti-Kickback Statute (“AKS”), holding that payments to marketing firms and manufacturers – absent influence over health care decisions – do not constitute illegal kickbacks. Notably, this marks the Seventh Circuit’s... READ MORE

There have been significant developments in the litigation surrounding Executive Order 14187 (“Executive Order”), entitled “Protecting Children from Chemical and Surgical Mutilation,” which directs agencies and certain federal health care programs to limit access to gender-affirming care to patients under the age of 19 through different measures, including halting federal grant funding that provide... READ MORE

In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public... READ MORE