AseraCare Triumphs Over DOJ In $200M FCA Suit

Law360, New York (March 31, 2016, 10:11 PM EDT) -- An Alabama federal judge on Thursday threw out a $200 million False Claims Act suit targeting Medicare billing by hospice chain AseraCare Inc., dealing a blow to the U.S. Department of Justice and capping one of the most extraordinary court battles in FCA history.

The move by U.S. District Judge Karon O. Bowdre has been expected since late last year, when the judge suddenly tossed a jury verdict in the DOJ’s favor and announced that she was likely to grant summary judgment for AseraCare. In a seven-page opinion on Thursday, Judge Bowdre concluded that the DOJ cannot prove fraud based simply...

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