United States ex rel Parikh

Relators filed suit under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that appellants committed numerous FCA violations concerning improper incentives for patient referrals. Assuming arguendo that qualified immunity is an available defense, the court held on the merits that appellants are not entitled to qualified immunity against these FCA claims where relators sufficiently pleaded that appellants violated the FCA and the courses of conduct allegedly taken by appellants were objectively unreasonable in light of clearly established law. Accordingly, the court affirmed the district court's denial of appellants' motion to dismiss. View "United States ex rel Parikh" on Justia Law