Ore. University Immune To FCA As Arm Of State, Judge Says

Law360, Nashville (April 12, 2017, 8:00 PM EDT) -- An Oregon federal judge on Tuesday tossed a whistleblower False Claims Act suit accusing Oregon Health & Science University of overbilling under federal research grants, ruling the public university was immune as an arm of the state, even with the intervention of the federal government in the case.

OHSU, as a public university, is considered part of the state of Oregon and therefore subject to sovereign immunity from the jurisdiction of the FCA, with the federal government’s intervention in the case not able to sidestep this jurisdictional issue, U.S. District Judge Anna J. Brown ruled.

“Defendant is an arm of the...

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