5th Circ. Says Fresenius FCA Suit Not Supported By Evidence

Law360, New York (July 31, 2012, 1:52 PM EDT) -- The Fifth Circuit said Monday there's insufficient evidence Fresenius Medical Care North America retaliated against a worker alleging illegal kickbacks involving Medicare patients, and also found that a district court's sanctions against an attorney in the False Claims Act case were justified.

The opinion upheld an Texas federal court judge’s decision to wipe out several counts after a trial but before consideration by a jury because he found there wasn’t adequate basis for the allegations against Fresenius and against Alfonso Chavez, the medical director at two...
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