Last week, a Minnesota federal judge sharply reduced a US$487 million False Claims Act (FCA) trial verdict against ophthalmic supply company Precision Lens and its late co-founder Paul Ehlen.
After a rare False Claims Act (FCA) trial, a St. Paul federal jury has returned a verdict for the government in United States, ex rel. Kipp Fesenmaier v. Cameron-Ehlen Group, Inc., No..
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
Rather than shutting down a struggling Behlen Mfg. or auctioning it off, Raimondo teamed with three other managers in 1984 to buy the Columbus business themselves.
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In a recent opinion from the U.S. District Court for the District of Minnesota, the court analyzed the interplay between the False Claims Act and the Anti-Kickback Statute.
See United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc., Case No. 13-cv-3003, 2021 WL 101193 (D. Minn. Jan. 12, 2021). This opinion is significant because the court recognized conflicting evidence on inducements, and rejected but-for causation to violate the AKS.
In
Fesenmaier, Defendant “is a distributor of intraocular lenses (IOLs) and other products related to ophthalmic surgeries.” Its products are provided “to ophthalmologists and facilities for use in ophthalmology procedures, including cataract surgeries.” The Relator alleged that Defendant “offered unlawful kickbacks and that, as a result of those kickbacks, false and fraudulent claims for payment were made to federal health care programs, including Medicare”.�