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Where a former employee alleged opioid use disorder treatment clinics created notes for therapy sessions that did not actually occur, she plausibly alleged claims under the federal False Claims Act.
Background
Lisa Wheeler, formerly the assistant medical director at Acadia Healthcare Company Inc., alleged Acadia violated the federal False Claims Act, or FCA, and the North Carolina False Claims Act. The magistrate judge provided a report to the district court recommending dismissal of all of Wheeler’s claims. The district court adopted the magistrate judge’s recommendation in full.
Waiver
Acadia contends that Wheeler waived her claims of false certification and fraudulent inducement because, in her objection to the magistrate judge’s recommendation, she failed to provide a “substantive explanation” why dismissal of those claims would be improper. The court disagrees.
After the magistrate judge’s recommendation was issued, Wheeler objected to the dismissal of each of these claims individually. That alone was sufficient to preserve her claims before the district court and to meet this court’s “modest bar” for an objection following a magistrate judge’s findings and recommendation.
FCA
For Wheeler’s presentment, false statement, false certification and fraudulent inducement claims to survive a motion to dismiss, she must allege: (1) that Acadia made a false statement or engaged in a fraudulent course of conduct; (2) such statement or conduct was made or...
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