Simpson Thacher Wins Dismissal of False Claims Act Case
04.01.24
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Qui tam Relators filed a complaint in the Eastern District of Michigan against more than 300 insurance companies, including Simpson Thacher clients Travelers and Berkshire Hathaway, alleging violations of the False Claims Act based on a purported scheme to defraud federal healthcare programs (Medicare) and state healthcare (Medicaid) programs. After Bryce Friedman argued the case for the industry, on March 26, 2024 Judge Denise Page Hood dismissed the complaint with prejudice, finding that Relators failed to plead an actionable violation of the Act and that the “public disclosure” bar required dismissal. Judge Hood also declined Relators’ request to amend the complaint.
The Travelers insurers were represented by Bryce Friedman, Evan Gilbert, Timothy Nagle and Albert Tagliaferri.
The Berkshire Hathaway insurers were represented by Mike Garvey, Hilary Soloff and Miranda Hernandez.