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Goldberg Kohn Amicus Brief Supports 11th Circuit Decision

$255M+ FCA Verdict Reinstated

June 29, 2020

Goldberg Kohn principal David Chizewer, who leads the firm's False Claims Act practice, joined with the Taxpayers Against Fraud Education Fund, Morgan Vercamp, LLC and Phillips & Cohen in an amicus brief supporting the reinstating of a multi-million dollar judgement against Salus Rehabilitation LLC, a Florida nursing home operator.

The 11th Circuit Court of Appeals r restored more than $255 million of a $348 million False Claims Act jury verdict against Salus, doing business as Marshall Health and Rehabilitation Center, which the District Court had set aside. The Appeals Court ruled Thursday, June 26th that whistleblower Angela Ruckh had adequately shown the materiality of the company's Medicare overbilling.

The amicus brief explained that  even in situations where the government is aware of a vendor's "significant noncompliance with important statutory or contractual requirements," the government's continued payments to the vendor often reveals nothing about the materiality of the vendor's misconduct. 

To read more about Ruckh v. Salus Rehabilitation, LLC et al click HERE.

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