Vinay Kohli

Oct 7, 2024 | natlawreview.com | Vinay Kohli

On September 30, 2024, the U.S. District Court for the Middle District of Florida issued an order dismissing a qui tam case under the False Claims Act (“FCA”) and holding the relator provisions of the FCA to be unconstitutional.[1] In reaching this conclusion, the Court reasoned that the relator in the case qualified as an “Officer” of the executive branch who had been “improperly appointed,” thereby violating the Appointments Clause of Article II of the Constitution.

Jul 16, 2024 | jdsupra.com | Vinay Kohli

Two District Courts have reached opposite conclusions on the enforceability of arbitration awards under the No Surprises Act (“NSA”). The two decisions, while far from the final word on the subject, highlight the most recent challenge relating to the implementation of the NSA. Enacted by Congress in 2020, the NSA protects patients from so-called “surprise” medical bills.

Jul 15, 2024 | natlawreview.com | Vinay Kohli

Two District Courts have reached opposite conclusions on the enforceability of arbitration awards under the No Surprises Act (“NSA”). The two decisions, while far from the final word on the subject, highlight the most recent challenge relating to the implementation of the NSA. Enacted by Congress in 2020, the NSA protects patients from so-called “surprise” medical bills.

May 29, 2024 | jdsupra.com | Vinay Kohli |Matthew Westbrook

In recent years, a circuit split among the United States Courts of Appeals has emerged over how courts have interpreted the False Claims Act’s (“FCA”) causation element in cases where a violation of the Anti-Kickback Statute (“AKS”) is a predicate violation for the false claim. The spotlight is now on U.S. v. Regeneron Pharmaceuticals, Inc., which is currently being briefed by the government and Regeneron before the United States Court of Appeals for the First Circuit (“First Circuit”).

Jul 19, 2023 | lexology.com | Vinay Kohli |Ryan Blaney |Matthew Westbrook

On June 16, 2023, the Supreme Court (the “Court”) in United States ex rel. Polansky v. Executive Health Resources affirmed the federal government’s power to dismiss a False Claims Act (“FCA”) action brought under the qui tam provisions whenever it chooses to intervene. Polansky is the second FCA case this summer in which the Court has ruled in favor of the federal government—i.e., the Department of Justice, acting through the Attorney General (“DOJ”).