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The False Claims Act (FCA), 31 U.S.C. §§3729–3733, is a significant U.S. reimbursement statute that imposes civil penalties against entities or individuals that engage in fraudulent and abusive goods, services, or contracts against the federal government. Since 1863, billions of taxpayer dollars have been recovered against alleged fraudulent actors under the Act’s qui tam provision. 31 U.S.C. § 3730(b)(1). Qui tam actions are initiated by members of the public – whistleblowers – called ‘relators’ who claim to have specific insider information and evidence of fraud perpetrated against the government. Relators may be entitled to at least 15% of the proceeds ...

Navy Vaccine Ruling Shows Kavanaugh Thought Process By Philip Howe (April 13, 2022) On March 25, the U.S. Supreme Court issued a short but significant decision in Austin, Secretary of Defense v. Navy SEALS, affirming that the courts will not enter the military chain of command.[1] This decision permitted the U.S. Navy to proceed to require COVID-19 vaccinations except for medical or religious exemptions while the underlying action, which challenges that requirement, proceeds. The majority included Justices John Roberts, Elena Kagan, Stephen Breyer and Sonia Sotomayor in an unsigned 13-line decision reversing the U.S. Court of Appeals for the Fifth Circuit, ...

During U.S. market volatility and pandemic-related losses, retirement plan participants are increasingly turning to the courts for judicial relief from economic harms they allegedly incurred under some employer-sponsored defined contribution plans. 401(k) and 403(b) plans are a significant source of retirement savings and qualify as tax-deferred vehicles. A recent complaint, Clark v. Beth Israel Deaconess Medical Center , et al (D. Mass. 1-22-CV-10068), typifies the upward trend in ERISA fiduciary class actions. https://dockets.justia.com/docket/massachusetts/madce/1:2022cv10068/241518 The complaint alleges that BIDMC fiduciaries failed to inform plan ...

A federal agency's website posting of a "policy statement" skipped statutory notice and comment protections under the Medicare program. The internet posting that drastically – and retroactively -- would have reduced Medicare payments to 3,500 hospitals is more than an interpretive rule change. It is a substantive legal standard under the Medicare Act. The Centers for Medicare & Medicaid Services (CMS), as part of the Department of Health and Human Services (HHS), bypassed Medicare's public notice and 60-day comment period without a lawful excuse for doing so. Arguably, the agency sought expedient and less costly decision-making through its authority to ...

Personal injury settlements in civil litigation are anticipated outcomes of meritorious claims. And, freedom of contract principles offer justifiable reasons for plaintiffs and defendants to work towards confidentiality of the settlement agreement. However, after settlement terms have been reached, subsequent confidentiality clauses unilaterally inserted as “material terms” circumvent quid pro quo, mutual assent, and bargained for consideration. Generally it is the defendants who demand confidentiality,but purchasing plaintiffs' silence must come at cost. Confidentiality clauses in personal injury settlements should be negotiated as arms-length transactions. ...

What kind of impression are you giving to a judge or jury at trial — even before you say a word? That’s the topic of the newest episode of the MBA’s podcast, the MassBar Beat, which is now available. In “Mastering the Unspoken Word: Body Language and Nonverbal Communication in Court,” I discuss how a lawyer’s attire, body language, tone of voice and other nonverbal cues can impact your chances in court. I invite you to join me as I talk about tips for success, including some of the key takeaways from Sonya Hamlin's book, "Now, What Makes Juries Listen.” Listen to the MassBar Beat for free on iTunes and SoundCloud. Better yet, subscribe so you don’t miss ...

Managing the Mediation New Benefit: FREE CLE Your MBA membership now includes free, unlimited educational programs and MBA On Demand, including real-time and archived products. (Conferences not included.) ...