Academic medical center secures dismissal of False Claims Act allegation

Client(s) Academic medical center

Jones Day secured a motion to dismiss on behalf an academic medical center, thereby resolving with prejudice all but one count alleging improperly billings of Medicare and Medi-Cal for services in violation of the False Claims Act and California False Claims Act. Following two motions to dismiss, the Court allowed Relator to amend his complaint a third time. Jones Day filed a third motion to dismiss the remaining False Claims Act claims. The Court ruled on the motion without a hearing in just over one month after it was fully submitted. The Court granted the motion with prejudice, largely adopting, and even quoting, the arguments raised in Jones Day’s briefs. As a result of the Court’s decision, the vast majority of the case was resolved in the clients’ favor, with only Relator’s claims of purported upcoding and retaliation remaining. Relator voluntarily dismissed his only remaining False Claim count and Jones Day negotiated a favorable resolution with relator on his sole remaining count regarding retaliation. On February 2, 2021, the Court entered an order dismissing the case with prejudice as to the Relator.