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Entries from January 2012

Fifth Circuit Rules for Plaintiff in False Claims Act Retaliation Suit Previously Dismissed on Statute of Limitations Grounds

January 31st, 2012 · No Comments

TweetOn January 5, 2012, the U.S. Court of Appeals for the Fifth Circuit held that a two-year statute of limitations was the appropriate period for assessing the timeliness of an action brought by a private employee alleging retaliation by a former employer in violation of the False Claims Act (FCA). The plaintiff, Michael Riddle, allegefs […]

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Tags: Dodd-Frank Act · False Claims Act

Jury Orders TD Bank to Pay $67 Million to Victims of Ponzi Scheme

January 30th, 2012 · No Comments

TweetOn January 18, 2012, a jury for the U.S. District Court for the Southern District of Florida found TD Bank liable for engaging in fraudulent activity and ordered the company to pay $67 million in damages to the victims of the Ponzi scheme. Texas firm Coquina Investments filed a lawsuit against TD Bank in May […]

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Tags: Report Fraud

Feature Article Interviewing The Employment Law Group® Principal Attorney Dave Scher Receives Wide Coverage in Military Publications

January 30th, 2012 · No Comments

TweetOn January 11, 2011 the Air Forces Times featured The Employment Law Group® law firm principal attorney Dave Scher in a story regarding recent whistle-blowing by U.S. Department of Veterans Affairs (VA) physicians. The story has since been featured in other Gannet Government Media publications including the Army Times, Navy Times, Marine Corps Times, and […]

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Tags: Department of Defense

OSHA Orders AirTran Airways to Reinstate and Pay $1 Million in Damages to Whistleblower Pilot

January 25th, 2012 · No Comments

TweetThe U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) last week ordered AirTran Airways, a subsidiary of Dallas- based Southwest Airlines Co., to reinstate a former pilot who was fired in 2007 after he filed numerous reports of mechanical malfunctions. OSHA found that AirTran violated the whistleblower provision of the Wendell H. Ford […]

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Tags: OSHA Whistleblower Protection Program

Johnson & Johnson Subsidiary to Pay $158 Million to Settle Allegations it Misrepresented Drug Safety and Paid Physicians Kickbacks to Prescribe Risperdal

January 22nd, 2012 · No Comments

TweetOn January 19, 2012 Janssen Pharmaceuticals Inc., a subsidiary of Johnson & Johnson, announced that it had agreed to pay $158 million to settle a Medicaid fraud lawsuit in Texas which alleged that the company improperly marketed its antipsychotic drug Risperdal causing the state to overpay for the drug. The lawsuit alleges that the company […]

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Tags: Food Safety

U.S. Government Files Amicus Brief Urging First Circuit to Revive False Claims Act Lawsuit against Pfizer

January 22nd, 2012 · No Comments

TweetLast week, the U.S. government filed an amicus brief urging the U.S. Court of Appeals for the First Circuit to reopen a False Claims Act (FCA) lawsuit against Pfizer Inc. that alleged the drug manufacturer paid kickbacks to physicians who prescribed its drug Genotropin. The case, U.S. ex rel. Peter Rost v. Pfizer Inc., began […]

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Tags: False Claims Act

Ohio Police Sergeant Files Whistleblower Suit Claiming Retaliation after He Disclosed Police Chief’s Misconduct

January 20th, 2012 · No Comments

TweetElmwood Place, Ohio Police Sergeant Gary Darty filed a lawsuit two weeks ago in the U.S. District Court for the Southern District of Ohio against Chief William Peskin, who Darty claims retaliated against him after he disclosed to local officials that Peskin had engaged in police misconduct. Darty wrote a letter to the Elmwood Place […]

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Tags: Retaliation

OSHA Proposes $70,000 in Fines against Massachusetts Metals Recycling Company for Maintaining Hazardous Work Conditions

January 20th, 2012 · No Comments

TweetOn January 11, 20101, The Occupational Safety and Health Administration (OSHA) cited Prolerized New England Co. LLC, a recycling company in Everett, Massachusetts, for ten serious workplace safety violations and proposed that the company pay $70,000 in fines. OSHA investigated Prolerized’s Schnitzer Northeast facility in Everett, Massachusetts after an incident in September 2011 in which […]

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Tags: OSHA Whistleblower Protection Program

GE Healthcare Pays U.S. Government $30 Million to Settle False Claims Act Suit

January 12th, 2012 · No Comments

TweetOn December 29, 2011, the U.S. Department of Justice (DOJ) announced that GE Healthcare Inc. agreed to pay thirty million dollars to settle a False Claims Act lawsuit  in the U.S. District Court for the Eastern District of Michigan against Amersham Health Inc., a holding company of  GE Healthcare. The DOJ alleged that from 2000 […]

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Tags: False Claims Act

U.S. Department of Justice Sues AseraCare Hospice for Fraudulently Billing Medicare

January 12th, 2012 · No Comments

TweetThe U.S. Department of Justice last week announced that it filed a complaint in a whistleblower lawsuit against AseraCare Hospice, a for-profit organization with 65 hospice providers in 19 states. The complaint alleges that AseraCare violated the False Claims Act when it knowingly enrolled in hospice care individuals who were not terminally ill with a […]

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Tags: False Claims Act

OSHA Fines Labolt Farmers Grain Company for Exposing Workers to Hazardous Conditions

January 11th, 2012 · No Comments

TweetThe Occupational Safety and Health Administration (OSHA) recently issued 13 citations to LaBolt Farmers Grain Company, Inc. for exposing workers to unsafe conditions.  OSHA fined Labolt $95,920 for the cited violations.  LaBolt, based in South Dakota, allegedly failed to neutralize an auger, which severely injured a worker’s leg during a moving bin sweep. As a […]

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Tags: OSHA Whistleblower Protection Program

DOL Judge Rules in Favor of Aircraft Maintenance Whistleblower

January 10th, 2012 · No Comments

TweetIn Harding v. So. Cal Precision Aircraft, U.S. Department of Labor Administrative Law Judge (ALJ) Russell D. Pulver held that 31-year military veteran Michael Harding had engaged in protected whistleblower activity when he reported his employer’s unsafe working conditions to the Federal Aviation Administration (FAA).  ALJ Pulver further held that Harding’s employer violated Section 519 […]

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Tags: AIR21

Air Force Times Interviews The Employment Law Group® Principal Dave Scher on Department of Veterans Affairs Whistleblowers

January 10th, 2012 · No Comments

TweetDave Scher, Principal of The Employment Law Group® law firm, was interviewed by the Air Force Times, an independent weekly newspaper for U.S. Air Force personnel, retirees, and their families, regarding recent whistle-blowing by U.S. Department of Veterans Affairs (VA) physicians. Commenting on the case of a VA doctor who was fired after filing a […]

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Tags: Department of Veterans Affairs

Capital Insider interviews Attorney Adam Augustine Carter about What Employees Should Know for 2012

January 10th, 2012 · No Comments

Tweet Morris Jones of Capital Insider interviewed The Employment Law Group® law firm attorney Adam Augustine Carter on the recent changes in whistleblower and employment law that will affect employees in 2012. The points Mr. Carter makes are that: There are almost 2 million home health aides and in-home care providers working in our country. Now with […]

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Tags: Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C.

World’s Largest Container Shipping Company Pays Federal Government $31.9 Million to Settle Lawsuit

January 10th, 2012 · No Comments

TweetLast week the U.S. Department of Justice (DOJ) announced that Virginia-based container shipper, Maersk Line Ltd., and its Denmark-based affiliate, Maersk Line, entered into a settlement agreement in which Maersk will pay the federal government nearly $32 million to resolve allegations that the companies submitted false claims involving cargo shipments to U.S. military personnel in […]

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Tags: Department of Defense · False Claims Act

BNY Mellon Whistleblower Provides Information Aiding Several States’ Lawsuits

January 6th, 2012 · No Comments

TweetLast month, Louisiana Municipal Police Employees’ Retirement System (“LAMPERS”) filed a securities class action lawsuit in the U.S. District Court for the Southern District of New York against The Bank of New York Mellon Corporation (BNY Mellon) under the Securities Exchange Act of 1934. The lawsuit filed by LAMPERS, discussed in an article published by […]

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Tags: SEC Whistleblower

OSHA Orders Union Pacific to Reinstate and Pay Whistleblower Employee $300,000

January 5th, 2012 · No Comments

Tweet On December 21, 2011 the Occupational Safety & Health Administration (OSHA), a division of the Department of Labor ordered Union Pacific Railroad. Co. to rehire a former employee after an unlawful termination. The employee, who remains unidentified due to OSHA policy, filed a whistleblower complaint against Union Pacific after the company suspended then fired […]

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Tags: OSHA Whistleblower Protection Program