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Supreme Court Clears Way for FCA Case

Following up on the Chattanooga-Hamilton County Hospital Authority v. USA ex rel. Robert Whipple case, the Supreme Court refused to reverse a Sixth Circuit ruling in a False Claims Act (FCA) case. As reported by Law360, Erlanger Medical Center’s claim that an administrative audit did not constitute public disclosure needed to kill an FCA claim was denied by the Supreme Court.

The high court ruling clears the way for an FCA suit filed in March 2011 against Erlanger for fraudulent Medicare and Medicaid reimbursements. Whistleblower, Robert Whipple accused the Tennessee hospital of improperly billing the government for claims between 2005 and 2006.

JGL’s Jay Holland and Brian Markovitz represent Whipple along with co-counsel Jamie Bennett. Commenting on the case, Markovitz said, “We look forward to moving on to the merits.”

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