United States Sixth Circuit

In an action brought under the False Claims Act alleging that defendants engaged in various types of fraud that increased the reimbursements that they received from Medicare and Medicaid, grant of defendants' motions to dismiss relator's complaint and a denial of his motion to recognize a settlement agreement is affirmed in part, but reversed in part and remanded where: 1) relator's allegations in certain paragraphs survived Federal Rule of Civil Procedure 9(b) scrutiny; 2) all of relator's claims were entitled to equitable tolling for a particular period of time and thus they are considered to have been filed within the statute of limitations; and 3) the district court erred in dismissing relator-s entire second amended complaint.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before MOORE and CLAY, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mike Bothwell, Bothwell & Simpson, Roswell, Georgia, for Appellant.  Michael L. Waldman, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., Steve Frank, United States Department of Justice, Washington, D.C., for Appellees ON BRIEF:  Mike Bothwell, Bothwell & Simpson, Roswell, Georgia, for Appellant.  Michael L. Waldman, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., Steve Frank, Douglas N. Letter, United States Department of Justice, Washington, D.C., John R. Jacobson, Bowen Riley Warnock & Jacobson, Nashville, Tennessee, for Appellees.