United States Fifth Circuit

In a manager's action raising claims under the False Claims Act against a medical facility that provides orthopedic care, and various of its doctors, involving allegedly improper billing practices, summary judgment for defendants is affirmed where: 1) plaintiffs failed to create a genuine issue of material fact as to whether defendants knowingly or recklessly cheated the government; and 2) the district court did not abuse its discretion in granting summary judgment after three and a half years of discovery.

Appellate Information

• Decided 01/04/2008
• Published 01/07/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gerald Kendall Fugit (argued), Law Offices of Gerald K. Fugit, Odessa, TX, for Plaintiff-Appellant.


• For Appellees:
  
• David Wayne Lauritzen, W. Bruce Williams (argued), Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for Defendants-Appellees.