4th Circuit Reinstates Retaliation Claim In Suit Over Overbilling Clinics

Mealey's (March 21, 2017, 9:04 AM EDT) -- RICHMOND, Va. — A federal judge in Virginia erred in finding that a physical therapist assistant’s retaliation claim against his employer should be dismissed, finding that they were not subject to the False Claims Act’s (FCA) first-to-file rule, a Fourth Circuit Court of Appeals ruled March 16, but affirmed the dismissal of his qui tam claims under the statute (United States of America, ex rel. Patrick Gerard Carson v. Manor Care, Inc., a./k/a Manor Care, Inc., et al., No. 16-1035, 4th Cir., 2017 U.S. App. LEXIS 4617)....