United States Fourth Circuit

In a qui tam action under the False Claims Act (FCA) for allegedly fraudulent billing of the government through the Medicare and Medicaid programs for unnecessary or incomplete medical procedures performed by defendant-doctor, dismissal of third amended complaint and award of attorneys' fees and costs to one of the defendants is affirmed over claims of error that: 1) the district court erred in the manner in which it viewed the evidence; and 2) the district court erred by ruling on the defendant's Rule 12(b)(1) motion without affording plaintiff the opportunity to conduct discovery on the jurisdictional issues.

Appellate Information

• Decided 02/12/2009
• Published 02/12/2009

Judges

Court

• United States Fourth Circuit

Counsel