FAQs Archive

Is there a heightened pleading requirement for False Claims Act qui tam cases?

Pleading Qui Tam False Claims Act Case in Detail False Claims Act qui tam actions must meet the heightened pleading requirement set forth in Federal … Continued

Can a violation of Good Manufacturing Practices give rise to False Claims Act Liability?

Good Manufacturing Practices and False Claims Act Liability Yes, and indeed drug manufacturer Ranbaxy pleaded guilty to seven felonies related to Good Manufacturing Practices violations … Continued

Is denial of a transfer away from a biased supervisor an adverse action?

Yes. According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different … Continued

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any … Continued

Can a court grant summary judgment in a discrimination case prior to discovery?

As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual termination, they may constitute adverse actions. See, e.g., Winston v. Verizon … Continued

What is the public disclosure bar in the False Claims Act?

False Claims Act Public Disclosure Bar The public disclosure bar prohibits a qui tam relator from bringing a False Claims Act lawsuit based on … Continued

What is the first-to-file bar in False Claims Act qui tam cases?

False Claims Act First-to-File Bar The first-to-file bar prohibits a whistleblower from bringing suit based on a fraud already disclosed through identified public channels, … Continued

What is the requirement to file a False Claims Act qui tam action under seal?

Filing a False Claims Act Qui Tam Case Under Seal The False Claims Act requires that a qui tam action must be filed under seal … Continued

What is the statute of limitations for a False Claims Act qui tam action?

False Claims Act Statute of Limitations The statute of limitations for a qui tam action is the longer of 1) six years from when the … Continued

What are some indications that an employer performed a sham investigation of a discrimination complaint?

Indications that an employer performed a sham investigation of a discrimination complaint include: The employer blindly credits a suspicious denial by the perpetrator of … Continued

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on account of the employee’s testimony or assistance in an investigation. … Continued

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