Fraud and False Claims

U.S. ex rel. Thompson v. Columbia/HCA Healthcare Corp., 20 F.Supp.2d 1017 (S.D.Tex. 1998)

The key to this case is matching it to the 5th Circuit opinion in Thompson II so you can figure out how the judge answered the appeals court's questions.

What are the basis of plaintiff's four claims (2 FCA, 2 Stark)?

What were the questions from the 5th Circuit?

Who are the defendants and what motions do they have before the court?

What is the Celotex standard?

What is the Matsushita rule?

What was the core of CBAS's defense?

What is the core of the Columbia defendants' defense?

How did the Columbia defendants use Hopper to support their defense?

Why do they claim there is not FCA recovery under the Stark violations?

Why did relator say the Cohn case was no longer applicable?

Why is Halper not applicable to this case?

Why do defendants claim the Stark violations did not cause any injury to the government?

How do defendants distinguish Stark and the FCA in order to claim that Stark violations do not trigger FCA liability?

Why did the court say the pleading standard in Crescent City was not applicable to this case?

What happened in Peterson and why does it support relator's case?

How did the relator distinguish Equifax?

What are the non-traditional damage measures that the court looks to for FCA claims?

What is the central difference between FCA damages and forfeiture penalties?

What does the HCFA-2552 require the signer to certify?

What does relator claim would have happened if Columbia had not made the certifications?

How did relator use Texas law to hold in the Columbia defendants?

What is an alter ego?

When does the 5th Circuit allow relaxed pleading in fraud cases?

What was sufficient in Kensington Hospital?

What was sufficient in Pogue?

What is the government's interest as amicus?

Who is Goldberg and what did he establish as the standards for cost reports?

How did defendants characterize Goldberg's testimony?

Why is Goldberg's testimony more than just someone's opinion?

Why did the Riley court find the CFA unconstitutional?

What does qui tam really mean?

How does Kelly explain why this does not violate separate of powers?

What is the relator's personal stake?

How old are qui tam laws?

What type of testimony does the court say Goldberg is providing, and why is it entitled to deference?

Why does the court find that the Stark law violations are clearly under the FCA?

What was the legislative history used in Pogue that supports plaintiff here?

What did the legislative history say is the primary purpose of the FCA after 1986?

What was the weakness of the Pogue case that is not shared by Thompson?

What discovery needs to be done before the court can decide if any defendants can be dismissed?