Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production privileges. On August 11, 2015, the D.C. Circuit issued a second writ of mandamus regarding the same group
Eastern District of Virginia Finds False Claim Allegations Too Speculative
A Virginia federal judge recently dismissed a retaliation complaint under the False Claims Act because the plaintiff’s allegations of a false claim against the government were too speculative.
In Carlson v. DynCorp International, LLC, Scott Carlson alleged that DynCorp engaged in false billing practices when it bid for business…
Government Recommends Supreme Court NOT Hear Takeda Case
The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc. The Fourth Circuit had dismissed the case because the plaintiff failed to plead the allegations of fraud with particularity.
Specifically, the government stated…
Proskauer Offers Webinar On Whistleblowing And Retaliation Issues
Please join us on Tuesday, February 25 for a Webinar addressing the many significant developments in 2013 in federal and state whistleblower legislation and litigation, with a particular emphasis on Sarbanes-Oxley (SOX) and False Claims Act (FCA) developments. Our speakers will also offer practical advice to employers regarding preparing for…
The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning Module-Level Testing Were Not Protected Activity Under FCA Whistleblower Provision
This blog entry was written by Connie N. Bertram, who represented the defendant contractors in the proceedings before the district court.
Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district court in Maryland granted summary judgment in favor of IST, finding that the plaintiff had not satisfied any of the elements of a claim under the FCA. The Fourth Circuit affirmed the district court’s decision on March 21, finding that the plaintiff’s internal complaints and discussions regarding heat testing on module used in a CIED system and discussions with the government about those complaints were not activities protected under the FCA.