Climate Change Project

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Fraud and False Claims

U.S. ex rel. Thompson v. Columbia/HCA Healthcare Corp., 125 F.3d 899 (5th Cir. 1997)

What happened in the trial court?

What were the plaintiff's claims?

How did plaintiff allege that defendants violated the anti-kickback statute?

What is the standard for determining whether a court may dismiss a claim?

What are the elements of the FCA?

What does the anti-kickback law prohibit?

What does Stark I prohibit?

How does Stark I define "financial relationship"?

Why is clear that a Stark I violation is a false claim?

What does Stark II prohibit?

What is the Anti-Pinkerton Act?

Why did it not support a FCA violation?

When did the court in Hopper say a statutory violation triggers the FCA?

What did defendants' certify in their cost reports that violated the FCA as interpreted by Hopper?

How did defendants' argue against this claim?

What two issues were remanded for the district court to evaluate?

What did the district court strike, based on Rule 9(b)?

Why did it strike these claims?

What exception does plaintiff rely on?

Why does plaintiff fail on this claim under Rule 9(b)?

Why doesn't the appeals court review it?


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