Quest Asks 2nd Circ. To Bar Ex-Atty From Kickback Suit

Law360, New York (February 3, 2012, 7:49 PM EST) -- Quest Diagnostics Inc. urged the Second Circuit on Thursday to uphold a lower court ruling barring a subsidiary's former general counsel from pursuing accusations of Medicare kickbacks under the False Claims Act using confidential information obtained during the attorney-client relationship.

The case was originally dismissed after a federal judge ruled that Mark Bibi — a member of the qui tam relator group Fair Labor Practices Associates that filed the suit — violated his ethical obligations and breached his duty and loyalty to Quest subsidiary Unilab, by...
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