United States of America v. Fresenius Medical Care AG & Co

  1. December 20, 2022

    2nd Circ. Says FCA Claims Against Fresenius Already Public

    The Second Circuit on Tuesday refused to revive a suit accusing Fresenius of paying nephrologists for patient referrals, finding that the dialysis provider's securities filings already discussed the joint venture acquisitions with doctors that relators alleged were fraudulent, thus blocking the suit under the False Claims Act's public disclosure bar. 

  2. November 30, 2022

    Riding Circuit: December's Notable Appellate Arguments

    As the year winds down, circuit courts will hear argument on the kinds of crimes Jan. 6 rioters can be charged with, whether federal law unconstitutionally delegates power to a private entity, and whether a class can be certified even if some class members weren't actually injured.