California Employment Law Update

Tag Archives: False Claims Act

False Claims Act Lawsuit Was Partially Barred By Statute Of Limitations But Not First-To-File Rule

Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter, 575 U.S. ___, 135 S. Ct. 1970 (2015) Petitioners were employed by defense contractors that provided logistical services to the United States military during the armed conflict in Iraq. They filed a qui tam complaint against various defense contractors, alleging the contractors had … Continue Reading

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading

Employee-Attorney’s $440,000 Verdict Against LA Housing Authority Is Affirmed

Cordero-Sacks v. Housing Authority of Los Angeles, 200 Cal. App. 4th 1267 (2011) Ada Cordero-Sacks was terminated from her position as an attorney in the Los Angeles Housing Authority’s Office of Internal Control following her investigation of alleged internal misconduct and fraud within the Authority. Cordero-Sacks’s claim for retaliatory discharge under the California False Claims … Continue Reading

False Claims Act Lawsuit Was Barred By Public Disclosure Of Records

Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. ___, 131 S. Ct. 1885 (2011) Daniel Kirk, a former employee of Schindler Elevator Corporation, filed this lawsuit under the False Claims Act (“FCA”), alleging Schindler had submitted false or fraudulent claims for payment to the United States. Kirk alleged the company had falsely … Continue Reading

Nurse Who Alleged Violation Of False Claims Act Need Not Satisfy Heightened Pleading Standard

Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097 (9th Cir. 2008) Marie Bernadette Mendiondo, who worked as a nurse at the medical center, alleged she was terminated in retaliation for her complaints regarding allegedly false billing and reimbursement practices and substandard patient care in violation of the Federal and California False Claims Acts. Although … Continue Reading
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