Articles and Blogs

summary judgment

Employer’s “Unclear and/or Inconsistent Explanations for Plaintiff’s Termination” Leads Court to Denial of Summary Judgment

[07/28/25]

Posted on July 28, 2025 in Health Law News, HR Insights for Health Care

Published by: Hall Render

In U.S. ex rel. Cooley v. ERMI, LLC, the U.S. District Court for the Northern District of Georgia (the “Court”) denied the employer’s motion for summary judgment after the employer provided unclear and inconsistent explanations for the employee’s termination. The Court explained that the reasons provided by the employer may serve as pretext rather... READ MORE

Tags: ,

Relator’s Damages and Documentation Theories Rejected in Halifax

[07/04/14]

Posted on July 4, 2014 in False Claims Act Defense

Written by: Drew B. Howk

This week a Court in the Middle District of Florida dealt a blow to a whistleblower’s allegations of fraud in U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center ruling that: (1) the Relator is barred from recovering damages even if it can prove its allegations and (2) the Relator is barred from arguing or... READ MORE

Tags: , , , , , ,

Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims

[04/02/13]

Posted on April 2, 2013 in False Claims Act Defense

Written by: David B. Honig and Andrew B. Howk

By David B. Honig and Andrew B. Howk In U.S. v. MedQuest, the Sixth Circuit held that violations by a provider of conditions of participation in Medicare were insufficient as a matter of law to “trigger the hefty fines and penalties created by the FCA.” This case was a reaffirmation by the Sixth Circuit... READ MORE

Tags: , , , , , , , , , , ,